People v. Brown

CourtNew York Supreme Court Appellate Division
Citation327 N.Y.S.2d 820,37 A.D.2d 980
PartiesThe PEOPLE, etc., Respondent, v. Carl Albert BROWN, Appellant.
Decision Date22 November 1971

Page 820

327 N.Y.S.2d 820
37 A.D.2d 980
The PEOPLE, etc., Respondent,
v.
Carl Albert BROWN, Appellant.
Supreme Court, Appellate Division, Second Department.
Nov. 22, 1971.

Albert M. Rosenblatt, Dutchess County Dist. Atty., Poughkeepsie, for respondent, by Carl S. Wolfson, Asst. Dist. Atty., of counsel.

Vincent J. Cuccia, Wappingers Falls, for appellant.

Before MUNDER, Acting P.J., and LATHAM, SHAPIRO, CHRIST and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered June 10, 1970, convicting him of rape in the third degree, after a nonjury trial, and imposing sentence.

Judgment reversed, on the law, and new trial ordered.

Defendant contends that his waiver of trial by jury was ineffective because it was oral. Section 2 of article I of the Constitution of the State of New York provides: 'A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval

Page 821

of a judge or justice of a court having jurisdiction to try the offense.' The constitutional requirement of a written waiver was not complied with; therefore, no waiver occurred (People v. Matthews, 35 A.D.2d 1049, 316 N.Y.S.2d 936).

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6 practice notes
  • State v. Machia, No. 87-404
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 21 de setembro de 1990
    ...does not comply with the constitutional mandate of a "written instrument," and such a waiver is ineffective. People v. Brown, 37 A.D.2d 980, 980, 327 N.Y.S.2d 820, 820-21 (1971). But see People v. Basora, 111 A.D.2d 248, 248, 489 N.Y.S.2d 91, 92 (1985) (evidence that defendant sig......
  • State v. Umphenour, Docket No. 41497
    • United States
    • Court of Appeals of Idaho
    • 30 de março de 2015
    ...691, 692 (Vt. 1976) (failure to obtain defendant's personal waiver of right to jury trial is per se reversible error); People v. Brown, 327 N.Y.S.2d 820, 820-21 (N.Y. App. Div. 1971) (failure to obtain defendant's personal waiver of right to jury trial by "written instrument" is p......
  • People v. Davidson
    • United States
    • New York Supreme Court — Appellate Division
    • 14 de março de 1988
    ...( People ex rel. Rohrlich v. Follette, supra, at 300, 282 N.Y.S.2d 729, 229 N.E.2d 419 [emphasis added]; cf., People v. Brown, 37 A.D.2d 980, 327 N.Y.S.2d 820; see also, People v. Matthews, 35 A.D.2d 1049, 316 N.Y.S.2d 936; A Rosenblatt & J. Rosenblatt, Six-Member Juries in Criminal Cas......
  • State v. Vasquez, Docket No. 43260
    • United States
    • Court of Appeals of Idaho
    • 3 de julho de 2017
    ...69, 70 (Ind. 1984) (failure to obtain defendant's personal waiver of right to jury trial is per se reversible error); People v. Brown, 327 N.Y.S.2d 820, 820-21 (N.Y. App. Div. 1971) (failure to obtain defendant's personal waiver of right to jury trial by "written instrument" is pe......
  • Request a trial to view additional results
6 cases
  • State v. Machia, No. 87-404
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 21 de setembro de 1990
    ...does not comply with the constitutional mandate of a "written instrument," and such a waiver is ineffective. People v. Brown, 37 A.D.2d 980, 980, 327 N.Y.S.2d 820, 820-21 (1971). But see People v. Basora, 111 A.D.2d 248, 248, 489 N.Y.S.2d 91, 92 (1985) (evidence that defendant sig......
  • State v. Umphenour, Docket No. 41497
    • United States
    • Court of Appeals of Idaho
    • 30 de março de 2015
    ...691, 692 (Vt. 1976) (failure to obtain defendant's personal waiver of right to jury trial is per se reversible error); People v. Brown, 327 N.Y.S.2d 820, 820-21 (N.Y. App. Div. 1971) (failure to obtain defendant's personal waiver of right to jury trial by "written instrument" is p......
  • People v. Davidson
    • United States
    • New York Supreme Court — Appellate Division
    • 14 de março de 1988
    ...( People ex rel. Rohrlich v. Follette, supra, at 300, 282 N.Y.S.2d 729, 229 N.E.2d 419 [emphasis added]; cf., People v. Brown, 37 A.D.2d 980, 327 N.Y.S.2d 820; see also, People v. Matthews, 35 A.D.2d 1049, 316 N.Y.S.2d 936; A Rosenblatt & J. Rosenblatt, Six-Member Juries in Criminal Cas......
  • State v. Vasquez, Docket No. 43260
    • United States
    • Court of Appeals of Idaho
    • 3 de julho de 2017
    ...69, 70 (Ind. 1984) (failure to obtain defendant's personal waiver of right to jury trial is per se reversible error); People v. Brown, 327 N.Y.S.2d 820, 820-21 (N.Y. App. Div. 1971) (failure to obtain defendant's personal waiver of right to jury trial by "written instrument" is pe......
  • Request a trial to view additional results

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