Legal Opinion

Friscia v. Crowe

New York Supreme Court

Decided August 2, 1972PublishedCited by 1 opinion

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

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Baldwin v. New YorkSupreme Court of the United States · 1970
  3. People v. PettersonNew York Supreme Court · 1969
  4. People v. Van Houten, New York Court of Sessions, Rockland County1895
  5. People v. Cooks of New York, Inc., New York County Courts1971

3Cited by1 opinion

  1. People v. MusanteJustice Court of Village of Tuckahoe · 1988

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