PEOPLE v. MCCARTHY


121 Misc.2d 1086 (1983)

The People of the State of New York, Plaintiff, v. Glenn McCarthy and Steven Lollo, Defendants.

Supreme Court, Trial Term, New York County.

December 15, 1983


Attorney(s) appearing for the Case

Irving Anolik for Glenn McCarthy, defendant. J. Kenneth O'Connor for Steven Lollo, defendant. Robert M. Morgenthau, District Attorney (Ruby Mages of counsel), for plaintiff.


BENJAMIN ALTMAN, J.

Can a defendant waive a jury in a criminal proceeding pursuant to an indictment after four jurors have been impaneled and sworn?

Defendants were indicted for assault in the second degree (two counts). The complainant and defendants were rival officials in two separate Teamsters' International local unions. At a meeting to resolve differences in determining which one of the two locals should represent employees in a certain...

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