Legal Opinion
People v. Burke
Criminal Court of the City of New York
Decided September 21, 2000PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Esther M. Morgenstern, J.
Issues Presented
I. Does the reduction of the charges, on the eve of trial, unconstitutionally deprive defendant of a jury trial?
II. Is the defendant entitled to a jury trial on the reduced charge?
III. Is the defendant, a New York City resident, denied the equal protection of the law when he is charged with a B misdemeanor and denied a jury trial?
Factual Background
The defendant was arraigned on January 24, 2000 on a felony complaint and charged with assault in the second degree (Penal Law § 120.05 [2]), assault in the third degree (Penal Law §…
2Cases cited14 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Callan v. WilsonSupreme Court of the United States · 1888
- Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
- Schick v. United StatesSupreme Court of the United States · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2009