People v. Matthews

• Decision Date: 29 December 1970
• Citation: 35 A.D.2d 1049,316 N.Y.S.2d 936
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony Wayne MATTHEWS, Also Known as Anthony Wayne Henderson, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 936

316 N.Y.S.2d 936

35 A.D.2d 1049

The PEOPLE of the State of New York, Respondent, v. Anthony Wayne MATTHEWS, Also Known as Anthony Wayne

Henderson, Appellant.

Supreme Court, Appellate Division, Third Department.

Dec. 29, 1970.

Howard A. Levine, Schenectady County Dist. Atty., Schenectady (R. Nocera, Schenectady, of counsel), for respondent.

Alfred L. Goldberger, Schenectady, for appellant.

Before HERLIHY, P.J., and REYNOLDS, STALEY, GREENBLOTT and SWEENEY, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court of Schenectady County, rendered February 18, 1970, adjudging defendant to be a youthful offender after a trial without a jury.

Defendant was indicted for the crime of robbery in the first degree and petit larceny. Since he was 18 years of age at the time of the alleged crime, he sought treatment as a youthful offender. (Code Crim.Pro., § 913-g.) At the time of the application on October 27, 1969 defendant's attorney stated that 'we consent to a trial with a jury' and defendant signed a standard form consenting to treatment as a youthful offender and 'to a trial with a jury, should a trial be had.'

The court on December 31, 1969 determined that defendant was eligible to be adjudged a youthful offender. The case was set down for trial and a discussion arose as to whether the case would be tried with or without a jury and defense counsel stated, 'We waived in the beginning and we will try it without a jury.' The trial court commented that a right to trial by jury can be waived and further stated, 'maybe we can arrange for a jury trial'. The defendant was tried on January 21, 1970 before the court without a jury and without objection. He was convicted of the charge of being a youthful offender.

Defendant contends that his conviction should be reversed since he was denied his constitutional right to a jury trial. (People v. Michael A.C., 27 N.Y.2d 79, 313 N.Y.S.2d 695, 261 N.E.2d 620; People v. Sawyer, 33 A.D.2d 242, 306 N.Y.S.2d 494.)

Defendant also contends that he did not effectively waive a trial by jury in that a written instrument signed by defendant in person in open court is required for such a waiver and he signed no such instrument.

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 c...