Duchin v. Peterson

Application, pursuant to article 78 of the Civil Practice Act, to prohibit a County Judge from proceeding with a jury trial in the County Court, Nassau County, of an indictment charging petitioner with the carnal abuse of a child and related crimes, after *623the County Judge’s refusal to accept petitioner’s tender of his written waiver of trial by jury. Petitioner contends that he has an absolute right to waive trial by jury; and that, even if the County Judge has discretionary power to reject the waiver, the exercise of such power in the circumstances here would constitute an abuse of…