Legal Opinion

People v. Foy

New York Court of Appeals

Decided October 17, 1996PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

Defendant-appellant was charged with multiple petty offenses. None carries a maximum term of incarceration greater than six months upon conviction when prosecuted individually. The issue framed for our consideration is whether defendant is constitutionally entitled to a jury trial because the maximum aggregate sentences for the charged offenses, as consolidated, may exceed six months (US Const 6th Amend; NY Const, art I, § 2). The Appellate Term affirmed a judgment of New York City Criminal Court convicting defendant of harassment, after a bench trial, and…

2Cases cited9 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Baldwin v. New YorkSupreme Court of the United States · 1970
  3. Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
  4. Lewis v. United StatesSupreme Court of the United States · 1996
  5. Morgenthau v. ErlbaumNew York Court of Appeals · 1983

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3Cited by11 opinions

  1. Gerard M. v. Dyandria M.Appellate Division of the Supreme Court of the State of New York · 2005
  2. People v. SuazoAppellate Division of the Supreme Court of the State of New York · 2017
  3. State v. PecoraSupreme Court of Vermont · 2007
  4. People v. WrightonAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. HarrisRochester City Court · 2006

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