People v. Davis

OPINION OF THE COURT

Ciparick, J.

In this appeal arising out of defendant’s conviction for failure to comply with a posted sign indicating a New York City park’s closing time, we conclude that Criminal Procedure Law § 350.20, which permits class B misdemeanors to be tried and determined by judicial hearing officers (JHOs) “upon agreement of the parties,” is constitutional and that the parties’ agreement to engage in JHO adjudication here—as evidenced by a signed consent form and defense counsel’s participation in the JHO proceeding—was valid. In addition, we apply the standard of common sense…