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PEOPLE v. DAVIS

13 N.Y.3d 17 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE DAVIS, Appellant.

Court of Appeals of New York.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Amy Donner and Steven Banks of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Lori Glachman and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur with Judge CIPARICK; Judge JONES dissents and votes to reverse in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

CIPARICK, J.

In this appeal arising out of defendant's conviction for failure to comply with a posted sign indicating a New York City park's closing time, we conclude that Criminal Procedure Law § 350.20, which permits class B misdemeanors to be tried and determined by judicial hearing officers (JHOs) "upon agreement of the parties," is constitutional and that the parties' agreement to engage in JHO adjudication here—as evidenced...

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