MATTER OF VEST v. SIMCOE


61 A.D.2d 869 (1978)

In the Matter of Norbert Vest, an Infant, by Wolfgang Vest, His Father, Appellant, v. Darryl D. Simcoe, as Town Justice of The Town of Van Etten, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 16, 1978


On July 19, 1976, petitioner was arrested and charged with the misdemeanor of driving while intoxicated. Subsequently, he appeared before respondent, a nonlawyer Town Justice, and demanded a jury trial, but respondent determined that, pursuant to relevant provisions of the Criminal Procedure Law (CPL 340.40, subd 7; 720.20, subd 1, par [b]), he must be tried before a single Judge without a jury because he was a youth of 17 years of age who had no prior criminal record or...

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