People v. Clemons

Appellate Division of the Supreme Court of New York

People v. Clemons

34 A.D.2d 731, 311 N.Y.S.2d 756, 1970 N.Y. App. Div. LEXIS 5159

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

DecidedApril 9, 1970

StatusPublished

This text of 34 A.D.2d 731 (People v. Clemons) 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

People v. Clemons, 34 A.D.2d 731, 311 N.Y.S.2d 756, 1970 N.Y. App. Div. LEXIS 5159 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment unanimously reversed on the law and action remitted to Monroe County Court for a jury trial. Memorandum: As a' condition for consideration as a youthful offender defendant was required to execute a waiver of the right to jury trial, pursuant to subdivision 3 of section 913-g and section 913-h of the Code of Criminal Procedure. He was then tried by the court without a jury; found guilty and sentenced to a reformatory period of imprisonment in custody of the State Department of Correction, to be dealt with according to law. Upon this appeal the District Attorney has forthrightly acknowledged that insofar as they required waiver of jury trial by the defendant in this youthful offender case, those sections are unconstitutional (see People v. Sawyer, 33 A D 2d 242; People v. Jerome C. [Anonymous], 32 A D 2d 840); and the waiver of the constitutional right to jury trial was improperly exacted (People v. Sawyer, supra). (Appeal from judgment of Monroe County Court adjudicating defendant a youthful offender.) Present — Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

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Judgment unanimously reversed on the law and action remitted to Monroe County Court for a jury trial. Memorandum: As a' condition for consideration as a youthful offender defendant was required to execute a waiver of the right to jury trial, pursuant to subdivision 3 of section 913-g and section 913-h of the Code of Criminal Procedure. He was then tried by the court without a jury; found guilty and sentenced to a reformatory period of imprisonment in custody of the State Department of Correction, to be dealt with according to law. Upon this appeal the District Attorney has forthrightly acknowledged that insofar as they required waiver of jury trial by the defendant in this youthful offender case, those sections are unconstitutional (see People v. Sawyer, 33 A D 2d 242; People v. Jerome C. [Anonymous], 32 A D 2d 840); and the waiver of the constitutional right to jury trial was improperly exacted (People v. Sawyer, supra). (Appeal from judgment of Monroe County Court adjudicating defendant a youthful offender.) Present — Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

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Bluebook (online)

34 A.D.2d 731, 311 N.Y.S.2d 756, 1970 N.Y. App. Div. LEXIS 5159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clemons-nyappdiv-1970.