MATTER OF SCOTT v. McCAFFREY


12 Misc.2d 671 (1958)

In the Matter of Robert Scott, Petitioner, v. Edward T. McCaffrey, as Judge of the County Court of the County of the Bronx, Respondent.

Supreme Court, Special Term, Bronx County.

March 25, 1958.


Attorney(s) appearing for the Case

John F. Martin for petitioner.

Daniel V. Sullivan, District Attorney (Irvin J. Goldsmith of counsel), for respondent.


MATTHEW M. LEVY, J.

Usually, a defendant in a serious criminal case would protest that he is being deprived of a basic constitutional right were the Trial Judge to proceed, over the defendant's objection, to hear the case without a jury. The instant application presents just the reverse. Here, we have a case of a defendant, charged with the commission of a crime, urging that a fundamental right constitutionally...

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