People v. Miller

OPINION OF THE COURT

Dominic R Massaro, J.

Iran Miller presents a seldom asked question: whether, after having effectively waived the right to trial by jury and consented to trial by the court, an accused may withdraw such waiver and reassert his constitutional guarantee. In granting vacatur of the waiver, the court finds exercise of the right to outweigh any burden placed on the State as a result thereof.

In July 1989, Mr. Miller was arrested and indicted for *555felony level drug offenses (criminal sale of a controlled substance in the third degree [Penal Law § 220.39] and criminal possession of a…