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PEOPLE v. MOSES

57 Misc.2d 960 (1968)

The People of the State of New York, Plaintiff, v. Myer Moses, Defendant.

Criminal Court of the City of New York, Part 1B, New York County.

September 20, 1968

Attorney(s) appearing for the Case

Joseph S. Domanti for defendant. Frank S. Hogan, District Attorney (Bennett L. Gersham of counsel), for plaintiff.

MILTON SHALLECK, J.

After I had denied defendant's motion to suppress the evidence in this case1, I asked his counsel whether he wished to proceed to trial before a single Judge or a panel of three Judges.2 His answer was in effect: "Neither. Defendant demands, and moves, that he be tried by a jury, as permitted under the recent Duncan case [

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