¶1Appeal by defendant from a judgment of the County Court, Dutchess County, rendered June 10, 1970, convicting him of rape in the third degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant contends that his waiver of trial by jury was ineffective because it was oral. Section 2 of article I of the Constitution of the State of Hew York provides: “ A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.” The constitutional requirement of a written waiver was not complied with; therefore, no waiver occurred (People v. Matthews, 35 A D 2d 1049). Munder, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.
37 A.D.2d 980
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-11-22
Cited by 1 later decisions — most recently September 1990
1 state decisions
Key passage — most relied on by later courts
“by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.”
quoted by 1 later decision, including State v. MacHia
Good law ✅— No negative treatment on recordhow we know
Decided 1971-11-22
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