Can I request a jury trial.

[Illan]

What is the name of your state (only U.S. law)? New York, New York.

Good day everyone,

I was charged with a 165.15 (3). http://codes.findlaw.com/ny/penal-law/pen-sect-165-15.html

The ticket is a DAT, my case was adjourned due to the prosecution not being ready for trial ( cop's day off ). They gave me a new court date and told me it would be a trial. Bench trial.

Am I entitled to a jury trial if I request one?


Best,

I

 

[HighwayMan]

First of all, why is this case going to trial?????

Secondly this is discussed in the Criminal Procedure Law. Section 340.40(2) which states: “In any local criminal court a defendant who has entered a plea of not guilty to an information which charges a misdemeanor must be accorded a jury trial, . . . except that in the New York city criminal court the trial of an information which charges a misdemeanor for which the authorized term of imprisonment is not more than six months must be a single judge trial.”

 

[Illan]

First of all, why is this case going to trial?????

Secondly this is discussed in the Criminal Procedure Law. Section 340.40(2) which states: “In any local criminal court a defendant who has entered a plea of not guilty to an information which charges a misdemeanor must be accorded a jury trial, . . . except that in the New York city criminal court the trial of an information which charges a misdemeanor for which the authorized term of imprisonment is not more than six months must be a single judge trial.”

Thanks for the reply, HighwayMan.

165.15 (3) is a class A misdemeanor. A misdemeanor is an offense which is punishable by a jail term of one year maximum. ( http://www.legalmatch.com/law-library/article/class-a-misdemeanor-laws.html )

So wouldn't that meet the requirement of Criminal Procedure Law. Section 340.40(2).