People v. Diaz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtM. M. Frank, J.
On this appeal the prime specification of error urged as requiring a reversal of the judgment of conviction is that the defendant’s constitutional right to waive a trial by jury and to be tried by the court alone was violated.
The facts upon which the constitutional problem is predicated are undisputed. . The question we must determine is whether the Constitution grants an absolute right to waive a jury trial to every defendant in a criminal case charging a felony, save a capital one. If there is a mandatory direction, we must reverse. On the other hand, if the provision is merely permissive…
2Cases cited33 opinions
- Patton v. United StatesSupreme Court of the United States · 1930
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- People v. FisherNew York Court of Appeals · 1928
- People v. DoranNew York Court of Appeals · 1927
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3Cited by11 opinions
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FirestoneAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MillerNew York Supreme Court · 1990
- People v. AhaltNew York Supreme Court · 1988
6 more not listed; retrieve them via the Exa API.