Legal Opinion
Scott v. McCaffrey
New York Supreme Court
Decided March 25, 1958PublishedCited by 7 opinions
1Opinion of the CourtMatthew M. Levy, J.
Usually, a defendant in a serious criminal case would protest that he is being deprived of a basic constitutional right were the Trial Judge to proceed, over the defendant’s objection, to hear the case without a jury. The instant application presents just the reverse. Here, we have a case of a defendant, charged with the commission of a crime, urging that a fundamental right constitutionally established, is being violated in that the Trial Judge refuses to permit him to waive a jury. To protect that right, this proceeding was instituted before me, in pursuance of article 78 of the Civil…
2Cases cited17 opinions
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- Patton v. United StatesSupreme Court of the United States · 1930
- United States v. Yellow Cab Co.Supreme Court of the United States · 1951
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- La Rocca v. LaneNew York Court of Appeals · 1975
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1960
- Ascher Corp. v. HorvathNew York Supreme Court · 1962
- Forte v. Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1978
- Kenler v. MurtaghNew York Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.