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PEOPLE v. BAER

265 A.D.2d 335 (1999)

696 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE BAER, Appellant.

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

Decided October 4, 1999.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In this nonjury trial, the defendant did not execute, in open court, a written waiver of his right to a trial by jury. Consequently, as the People correctly concede, reversal is required (see, NY Const, art I, § 2; CPL 320.10; see also, People v Ahmed, 66 N.Y.2d 307; People v Davidson, 136 A.D.2d 66

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