PEOPLE v. CARROLL


4 A.D.2d 537 (1957)

The People of the State of New York, Appellant, v. Valentine J. Carroll, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 1957.


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (William I. Siegel of counsel), for appellant.

David T. Berman and Leon J. Kesner for respondent.

Present — NOLAN, P. J., WENZEL, BELDOCK, MURPHY and KLEINFELD, JJ.


MURPHY, J.

Section 2 of article I of the New York State Constitution reads: "Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths...

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