People v. Barr
| Decision Date | 28 August 1970 |
| Citation | 64 Misc.2d 94,313 N.Y.S.2d 155 |
| Parties | . Edith BARR, d/b/a Barr Real Estate, Defendant. Supreme Court, Special Term, Nassau County, Part II |
| Court | New York Supreme Court |
Defendant's application for an order transferring these cases from the City Court of Glen Cove to another court is Granted. The cases are transferred in the District Court of Nassau County.
The alleged criminal violations are of an ordinance of the City of Glen Cove which prohibits discrimination in the sale of housing because of race or color. The City Court of Glen Cove and the District Court of Nassau County have concurrent jurisdiction over the claimed offenses . Without question then, the cases could have been instituted in the District Court of Nassau County.
The question is whether the cases, having been initiated in the City Court of Glen Cove, may now be transferred to the District Court of Nassau County. As previously stated, they may be so transferred and the Supreme Court of this State 'may transfer' them (New York Constitution, Art. VI, Sec. 19, subd. a; People v. Graydon, 59 Misc.2d 330, 298 N.Y.S.2d 555).
Witnesses for defendant testified to facts which could lead a reasonable person to doubt whether defendant in these cases could receive a fair trial at present in the City of Glen Cove. I am not saying that defendant could not; I am saying that the uncontested facts adduced before me have raised a doubt in defendant's mind and could raise a doubt in a reasonable person's mind as to defendant receiving a fair trial.
The facts testified to tend to show (1) a great deal of local publicity concerning this emotionally and racially charged novel issue in this municipality of 25,000 people, (2) lack of adequate facilities to segregate jurors, witnesses, litigants and general public in the City Court House (3) jurors in the City Court are all drawn from within the City and (4) that incidents have occurred which...
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People v. Diaz
...State and the defendants were both entitled to an unbiased and unprejudiced finder of the facts, be it judge or jury. People v. Barr,64 Misc.2d 94, 313 N.Y.S.2d 155 (1970). A defendant who waives trial by jury and submits his rights and liberty to a trial judge is entitled to the same fair,......
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People v. Wallace
...unprejudiced and unpressured finder of facts in a criminal case. People v. Kessler, 77 Misc.2d 640, 354 N.Y.S.2d 517; People v. Barr, 64 Misc.2d 94, 313 N.Y.S.2d 155; People v. Graydon, 59 Misc.2d 330, 298 N.Y.S.2d 555. In adopting this principle the court sets aside, for the purpose of thi......
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People v. Rome
...Court to the Nassau County District Court, the Supreme Court has typically enunciated its reasons for removal (see e.g. Matter of People v Barr, 64 Misc 2d 94, 95 [Sup Ct, Nassau County 1970] [Supreme Court granted defendant's application to transfer case from Glen Cove City Court to Nassau......