Legal Opinion
People v. Link
Criminal Court of the City of New York
Decided February 23, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
William M. Erlbaum, J.
Defendants, Carol Link and Debra Meltsner, are charged with the crime of prostitution.1 They have moved for trial by jury, claiming that CPL 340.40 (subd 2)2 (which directs that the trial shall be before a single Judge) is unconstitutional, first, because prostitution is not a “petty” but a “serious” offense requiring trial by jury under the Federal Constitution,3 second, because that *974section denies them “equal protection” by withholding the right to trial by jury in class B misdemeanor4 trials in New York City while permitting jury trials of such…
2Cases cited50 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Bloom v. IllinoisSupreme Court of the United States · 1968
- Scott v. IllinoisSupreme Court of the United States · 1979
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3Cited by3 opinions
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- People v. WilliamsCriminal Court of the City of New York · 1983
- Morgenthau v. ErlbaumNew York Supreme Court · 1981