People v. McCarthy

OPINION OF THE COURT

Benjamin Altman, J.

Can a defendant waive a jury in a criminal proceeding pursuant to an indictment after four jurors have been impaneled and sworn?

Defendants were indicted for assault in the second degree (two counts). The complainant and defendants were rival officials in two separate Teamsters’ International local unions. At a meeting to resolve differences in determining which one of the two locals should represent employees in a certain plant, a physical fight ensued where the alleged assaults took place.

During the initial voir dire by the prosecutrix, the court…