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PEOPLE v. FOY

88 N.Y.2d 742 (1996)

673 N.E.2d 589

650 N.Y.S.2d 79

The People of the State of New York, Respondent, v. Edward Foy, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1996.

Attorney(s) appearing for the Case

Natalie Rea, New York City, and Daniel L. Greenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Lisa Ellen Mudd, Joseph N. Ferdenzi and Billie Manning of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

Defendant-appellant was charged with multiple petty offenses. None carries a maximum term of incarceration greater than six months upon conviction when prosecuted individually. The issue framed for our consideration is whether defendant is constitutionally entitled to a jury trial because the maximum aggregate sentences for the charged offenses, as consolidated, may exceed six months (US Const 6th...

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