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PEOPLE v. BONNERWITH

79 Misc.2d 242 (1974)

The People of the State of New York, Respondent v. Oliver Bonnerwith, Appellant.

Supreme Court, Appellate Term, Second Department.

March 22, 1974

Attorney(s) appearing for the Case

Carl P. Ulrich for respondent. Bernard Kessler for appellant.

Concur — HOGAN, P. J., PITTONI and FARLEY, JJ.

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and facts and complaint dismissed.

Defendant was not entitled to a jury trial, since the maximum sentence he could receive was six months' incarceration (Baldwin v. New York, 399 U.S. 66) and there was no basis in fact for defendant's claim that the Justice below was biased against him.

However, defendant may not be convicted of a zoning violation...

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