Legal Opinion
People v. Moses
Criminal Court of the City of New York
Decided September 20, 1968PublishedCited by 5 opinions
1Opinion of the CourtMilton Shalleck, J.
After I had denied defendant’s motion to suppress the evidence in this case1,1 asked his counsel whether he wished to proceed to trial before a single Judge or a panel of three Judges.2 His answer was in effect: “ Neither. Defendant demands, and moves, that he be tried by a jury, as permitted under the recent Duncan case [Duncan v. Louisiana, 391 U. S. 145] in the United States Supreme Court ”. What I now must decide is, shall there by a jury trial here, in view of the explicit statutory fiat that “ All trials in the court shall be without a jury ”.2
Defendant has been charged with criminal…
2Cases cited25 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Bloom v. IllinoisSupreme Court of the United States · 1968
- Dyke v. Taylor Implement Manufacturing Co.Supreme Court of the United States · 1968
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3Cited by5 opinions
- People v. SuazoNew York Court of Appeals · 2018
- People v. PettersonNew York Supreme Court · 1969
- In re SantiagoNew Jersey Superior Court Appellate Division · 1968
- People v. RodmanCriminal Court of the City of New York · 1970
- People v. HiltyCriminal Court of the City of New York · 1971