Legal Opinion

Hogan v. Rosenberg

New York Court of Appeals

Decided March 6, 1969PublishedCited by 27 opinions

1Opinion of the CourtScileppi, J.

The issue presented for our consideration in the first of two cases to be discussed is whether a defendant facing possible imprisonment of not more than one year is entitled to a trial by jury.

On August 10, 1968 the appellant, Robert Baldwin, then 26 years old, was arrested for jostling, a class A misdemeanor carrying a maximum term of imprisonment of one year (Penal *212Law, §§ 165.25, 70.15, subd. 1). The appellant’s pretrial motion for a jury trial Was denied. The trial, conducted without a jury pursuant to section 40 of the New York City Criminal Court Act, resulted in a conviction and the…

2Cases cited11 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Duncan v. LouisianaSupreme Court of the United States · 1968
  3. Barbier v. ConnollySupreme Court of the United States · 1884
  4. Thompson v. UtahSupreme Court of the United States · 1898
  5. District of Columbia v. ClawansSupreme Court of the United States · 1937

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Baldwin v. New YorkSupreme Court of the United States · 1970
  2. Morgenthau v. ErlbaumNew York Court of Appeals · 1983
  3. Davidson v. MillerCourt of Appeals of Maryland · 1975
  4. Weissman v. EvansNew York Court of Appeals · 1982
  5. State v. OwensSupreme Court of New Jersey · 1969

22 more not listed; retrieve them via the Exa API.

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