PEOPLE v. BURKE


186 Misc.2d 278 (2000)

715 N.Y.S.2d 603

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHRISTOPHER BURKE, Defendant.

Criminal Court, Kings County.

September 21, 2000.


Attorney(s) appearing for the Case

Carl Becker, Brooklyn, for defendant.

Charles J. Hynes, District Attorney of Kings County (Henry Marines of counsel), for plaintiff.


OPINION OF THE COURT

ESTHER M. MORGENSTERN, J.

Issues Presented

I. Does the reduction of the charges, on the eve of trial, unconstitutionally deprive defendant of a jury trial?

II. Is the defendant entitled to a jury trial on the reduced charge?

III. Is the defendant, a New York City resident, denied the equal protection of the law when he is charged with a B misdemeanor and denied a jury trial?

Factual Background

...

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