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PEOPLE v. DUCHIN

12 N.Y.2d 351 (1963)

The People of the State of New York, Appellant, v. Harold Duchin, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. De Vine of counsel), for appellant.

Gilbert Roseman for respondent.

Judges BURKE and FOSTER concur with Judge FULD; Judge VAN VOORHIS concurs in result upon the ground that it was an abuse of discretion to deny approval to the defendant's waiver of a jury trial in this case; Chief Judge DESMOND dissents in an opinion in which Judges DYE and SCILEPPI concur.

FULD, J.

Our dissenting brethren take the position that the trial judge has an uncontrolled discretion to refuse to approve a defendant's application for a waiver of a trial by jury. We read the constitutional amendment (N. Y. Const., art. I, § 2), which provides for such a waiver, quite differently.1 The provision is designed for the...

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