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PEOPLE v. OWENS

184 Misc.2d 600 (2000)

710 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN OWENS, Defendant.

Supreme Court, Monroe County.

June 5, 2000.

Attorney(s) appearing for the Case

D. Michael Murray and Peter J. Pullano for defendant.

Howard R. Relin, District Attorney of Monroe County (Michael Green and Joanne Winslow of counsel), for plaintiff.

OPINION OF THE COURT

DAVID D. EGAN, J.

Defendant seeks an order declaring both CPL 320.10 and that portion of article I, § 2 of the New York Constitution which denies a capital defendant the right to waive a jury in the guilt phase of his trial invalid, or, in the alternate, inapplicable to the guilt phase of defendant's trial.

Article I, § 2 of the New York Constitution and CPL 320.10 prohibit...

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