People v. Elliot

OPINION OF THE COURT

Joseph Bruno, J.

overview:

This is a case of apparent first impression which raises the issue of whether the silence of a defendant, throughout a full bench trial and verdict, on the issue of his ineligibility for youthful offender treatment, constitutes an implied waiver of his right to a trial by jury.

In the instant case, the defendant, an 18-year-old youth, was charged with two misdemeanor counts and one violation in an information filed by the Kings County District Attorney’s office. The record of the defendant’s prior convictions before the court indicated that…