Appeal held, decision reserved and case remitted to Onondaga County Court for further proceedings.
Memorandum:
At the opening of the trial defendant formally submitted a written application to waive his right to a trial by jury as required by section 2 of article I of the New York Constitution. The record does not show the facts considered by the trial court in refusing to approve the application nor the reasons for such refusal. The Trial Judge's discretion...
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