People v. Carroll

A single question, one of first impression, is presented by the appeal: whether section 2 of article I of the New York State Constitution which relates to the waiver of jury trials in certain criminal cases is self-executing or is dependent upon implementing legislation. Both courts below in consummately well-expressed opinions have held the pro*688vision effective despite the absence of legislation on the subject. Their conclusion, in our opinion, should be affirmed.

In an earlier proceeding defendant was brought to trial on on indictment charging him with grand larceny in the second degree. At…