People v. Swan

OPINION OF THE COURT

A reversal is required because the defendant was denied his constitutional right to waive a jury trial. Even in the absence of that obvious defect in these proceedings, a reversal would be required because defendant was denied his right to a fair trial.

On the evening of August 30, 1982, the defendant shot and killed New York State Trooper Gary Kubasiak who was responding to information that there was a domestic disturbance at defendant’s home in Cattaraugus County. After shooting Trooper Kubasiak three times with a rifle, defendant attempted to fire the weapon at two other…