Legal Opinion
People v. Zawistowski
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1990PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Because defendant, in this nonjury trial, did not sign a written waiver of his right to a trial by jury, his conviction cannot be sustained (see, NY Const, art I, § 2; CPL 320.10). It is difficult to comprehend why the trial court, having initially recognized this fundamental error, refused to grant defense counsel’s timely CPL 330.30 motion (see, Zawistowski v Arcara, 132 AD2d 1000, lv denied 70 NY2d 604). Additionally, it was error for Supreme Court to close the courtroom, over defendant’s objection, without making…
2Cases cited4 opinions
- People v. JonesNew York Court of Appeals · 1979
- People v. EllisAppellate Division of the Supreme Court of the State of New York · 1978
- People v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1988
- Zawistowski v. ArcaraAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Andre Brown v. Robert Kuhlmann, Superintendent of Sullivan Correctional FacilityCourt of Appeals for the Second Circuit · 1998
- People v. QuinnAppellate Terms of the Supreme Court of New York · 1993
- People v. FinkleAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ContrearasAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 1996