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PEOPLE v. CARROLL

3 N.Y.2d 686 (1958)

The People of the State of New York, Appellant, v. Valentine J. Carroll, Respondent.

Court of Appeals of the State of New York.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (William I. Siegel of counsel), for appellant.

David T. Berman and Leon J. Kesner for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.

BURKE, J.

A single question, one of first impression, is presented by the appeal: whether section 2 of article I of the New York State Constitution which relates to the waiver of jury trials in certain criminal cases is self-executing or is dependent upon implementing legislation. Both courts below in consummately well-expressed opinions have held the provision effective...

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