People v. Baer

Appellate Division of the Supreme Court of New York

People v. Baer

265 A.D.2d 335, 696 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 9608

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1999·Published·Cited by 1 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In this nonjury trial, the defendant did not execute, in open court, a written waiver of his right to a trial by jury. Consequently, as the People correctly concede, reversal is required (see, NY Const, art I, § 2; CPL 320.10; see also, People v Ahmed, 66 NY2d 307; People v Davidson, 136 AD2d 66). Bracken, J. P., S. Miller, Krausman and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In this nonjury trial, the defendant did not execute, in open court, a written waiver of his right to a trial by jury. Consequently, as the People correctly concede, reversal is required (see, NY Const, art I, § 2; CPL 320.10; see also, People v Ahmed, 66 NY2d 307; People v Davidson, 136 AD2d 66). Bracken, J. P., S. Miller, Krausman and H. Miller, JJ., concur.

People v. Baer, 265 A.D.2d 335, 696 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 9608 (N.Y. Ct. App. 1999).

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Opinion

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