Birch v. Wilson

Appellate Division of the Supreme Court of New York

Birch v. Wilson

47 A.D.2d 997, 366 N.Y.S.2d 749, 1975 N.Y. App. Div. LEXIS 9496

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 23, 1975

StatusPublished

This text of 47 A.D.2d 997 (Birch v. Wilson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birch v. Wilson, 47 A.D.2d 997, 366 N.Y.S.2d 749, 1975 N.Y. App. Div. LEXIS 9496 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal unanimously dismissed as moot. Memorandum: Appellants seek a judgment declaring former subdivision 7 of section 599 of the Judiciary Law unconstitutional. The Legislature by amendment to subdivision 7 of section 599 and subdivision 7 of [998]*998section 665 of the Judiciary Law in February, 1975 (L. 1975, ch 4, §§ 3, 6 effective immediately) repealed the previous automatic exemption granted women from serving as jurors. This legislative action followed as a result of the recent decisions of the Supreme Court in Taylor v Louisiana (419 US 522), which held that the petit jury must be selected from a representative cross section (which may not exclude all women) of the community as fundamental to the right to a jury trial guaranteed by the Sixth Amendment and Daniel v Louisiana (420 US 31), which held that Taylor is not to be applied retroactively. In view of these circumstances, this appeal is rendered moot. (Appeal from judgment of Cayuga Special Term in declaratory judgment action.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

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Appeal unanimously dismissed as moot. Memorandum: Appellants seek a judgment declaring former subdivision 7 of section 599 of the Judiciary Law unconstitutional. The Legislature by amendment to subdivision 7 of section 599 and subdivision 7 of [998]*998section 665 of the Judiciary Law in February, 1975 (L. 1975, ch 4, §§ 3, 6 effective immediately) repealed the previous automatic exemption granted women from serving as jurors. This legislative action followed as a result of the recent decisions of the Supreme Court in Taylor v Louisiana (419 US 522), which held that the petit jury must be selected from a representative cross section (which may not exclude all women) of the community as fundamental to the right to a jury trial guaranteed by the Sixth Amendment and Daniel v Louisiana (420 US 31), which held that Taylor is not to be applied retroactively. In view of these circumstances, this appeal is rendered moot. (Appeal from judgment of Cayuga Special Term in declaratory judgment action.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

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Bluebook (online)

47 A.D.2d 997, 366 N.Y.S.2d 749, 1975 N.Y. App. Div. LEXIS 9496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birch-v-wilson-nyappdiv-1975.

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