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  5. 24 N.Y.2d 207 (1969)
 

MATTER OF HOGAN v. ROSENBERG

24 N.Y.2d 207 (1969)

In the Matter of Frank S. Hogan, as District Attorney of the County of New York, Appellant, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant, v. Jack Rosenberg et al., and Marvin Puryear, Respondent. The People of the State of New York, Respondent, v. Robert Baldwin, Appellant.

Court of Appeals of the State of New York.

Decided March 6, 1969.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Michael R. Juviler, Lewis R. Friedman, Joan C. Sudolnik and David Otis Fuller, Jr., of counsel), for appellant in the above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Harold J. Rothwax, Michael B. Rosen and Martin A. Schwartz for respondent in the above-entitled proceeding.

Nathan Z. Dershowitz, Milton Adler, Leon B. Polsky and Samuel Dawson for appellant in the above-entitled action.

Frank S. Hogan, District Attorney (Michael R. Juviler, Lewis R. Friedman, Joan C. Sudolnik and David Otis Fuller, Jr., of counsel), for respondent in the above-entitled action.

Chief Judge FULD and Judges BERGAN, BREITEL and JASEN concur with Judge SCILEPPI; Judge BURKE dissents and votes to reverse in an opinion in which Judge KEATING concurs.

SCILEPPI, J.

The issue presented for our consideration in the first of two cases to be discussed is whether a defendant facing possible imprisonment of not more than one year is entitled to a trial by jury.

On August 10, 1968 the appellant, Robert Baldwin, then 26 years old, was arrested for jostling, a class A misdemeanor carrying a maximum term of imprisonment of one year (Penal Law, §§ 165...

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