Friscia v. Crowe
New York Supreme Court
1Opinion of the CourtBernard F. McCaffrey, J.
In this special proceeding to prohibit- the Village Justice of Muttontown from conducting the trial of petitioners before himself without a jury, judgment is granted respondent dismissing the petition.
The CPL 10.10 defines a “ Village court ” as a “ Local criminal court ” and CPL 340.40 (subd. 1), except for certain exceptions not applicable to the violations of zoning ordinance charged here, provides that a trial of an information in a local criminal court must be a “ single judge trial. ’ ’
As early as 1895, the Court of Appeals had held that, under the Code of Criminal Procedure, the…
2Cases cited5 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- People v. PettersonNew York Supreme Court · 1969
- People v. Van Houten, New York Court of Sessions, Rockland County1895
- People v. Cooks of New York, Inc., New York County Courts1971
3Cited by1 opinion
- People v. MusanteJustice Court of Village of Tuckahoe · 1988