# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · November 22, 1971 · 37 A.D.2d 980

URL: https://www.frixlaw.com/law-library/cases/5781074

## Case

- **Full name:** The People of the State of New York v. Carl Albert Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 22, 1971
- **Citations:** 37 A.D.2d 980; 327 N.Y.S.2d 820; 1971 N.Y. App. Div. LEXIS 2971
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5781074

## Opinion text

Appeal 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5781074. Public record. Not legal advice.