PEOPLE v. DIAZ


10 A.D.2d 80 (1960)

The People of the State of New York, Respondent, v. Norberto Diaz, Appellant, et al., Defendants

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

March 15, 1960.


Attorney(s) appearing for the Case

Oscar Gonzalez-Suarez, attorney (Morris M. Goldknopf, Frank A. Ortiz and Efrain G. Sanchez with him on the brief), for appellant.

Irving Anolik of counsel (Daniel V. Sullivan, District Attorney, attorney), for respondent.

RABIN, VALENTE and BASTOW, JJ., concur with M. M. FRANK, J.: BOTEIN, P. J., dissents and votes to reverse and grant a new trial in opinion.


M. M. FRANK, J.

On this appeal the prime specification of error urged as requiring a reversal of the judgment of conviction is that the defendant's constitutional right to waive a trial by jury and to be tried by the court alone was violated.

The facts upon which the constitutional problem is predicated are undisputed. The question we must determine is whether the Constitution grants an absolute right...

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