PEOPLE v. SWAN


130 A.D.2d 6 (1987)

The People of the State of New York, Respondent, v. James J. Swan, Appellant

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

July 21, 1987


Attorney(s) appearing for the Case

Michael P. Nevins for appellant.

Levant M. Himelein, III, District Attorney, for respondent.

DILLON, P. J., CALLAHAN, GREEN, BALIO and DAVIS, JJ., concur.


Per Curiam.

A reversal is required because the defendant was denied his constitutional right to waive a jury trial. Even in the absence of that obvious defect in these proceedings, a reversal would be required because defendant was denied his right to a fair trial.

On the evening of August 30, 1982, the defendant shot and killed New York State Trooper Gary Kubasiak who was responding to information that there was a...

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