People v. Cheswick

O’Brien, J. (dissenting).

I agree with my colleagues that the Trial Judge properly exercised his discretion in denying the defendant’s motion for a separate trial and in conducting a joint bench and jury trial. However, as in a joint trial with multiple juries, such a procedure should be used only after thorough precautions have been taken to protect the defendant’s due process rights (see, People v Wallace, 153 AD2d 59; see also, People v Ricardo B., 73 NY2d 228). I find that the *93procedure employed by the Trial Justice, in which he waited to announce his verdict on the charges against the…