People v. Sera

Defendant is a person who has been indicted, but not yet tried, for a felony, who herein demands a trial by a jury of 12 on the issue of whether or not he is a dangerously incapacitated person within the meaning of article 730 of the CPL. The motion is made preliminary to any such determination and, in effect, seeks to divest this court, sitting without a jury, from determining the issue in the first instance.

The defendant argues that the case of Gomez v. Miller (341 F. Supp. 323), decided by a three-Judge court sitting in the United States District Court for the Southern District of New York…