PEOPLE v. ELLIOT


157 Misc.2d 148 (1993)

596 N.Y.S.2d 662

The People of the State of New York, Plaintiff, v. Tony Elliot, Defendant.

Criminal Court of the City of New York, Kings County.

January 12, 1993


Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Robert Baum and Larry Hallock of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (David Dong of counsel), for plaintiff.


JOSEPH BRUNO, J.

OVERVIEW:

This is a case of apparent first impression which raises the issue of whether the silence of a defendant, throughout a full bench trial and verdict, on the issue of his ineligibility for youthful offender treatment, constitutes an implied waiver of his right to a trial by jury.

In the instant case, the defendant, an 18-year-old youth, was charged with two misdemeanor...

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