PEOPLE v. JOHNSON


72 A.D.2d 689 (1979)

The People of the State of New York, Respondent, v. Handy Johnson, Appellant

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

November 8, 1979


Fein, J. P., dissents in a memorandum as follows:

Defendant appeals from a judgment convicting him following a nonjury trial of assault in the first degree (two counts) and imposing concurrent indeterminate sentences of 0 to 7 years. The issue is whether there was error in the procedure followed by the court in approving defendant's waiver of a jury trial. The constitutionally guaranteed right to a trial by jury in a criminal action is fundamental (US...

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