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You are here: Home1 / Mental Hygiene Law2 / PURPORTED WAIVER OF JURY TRIAL NOT VALID, NOTHING ON THE RECORD.
Mental Hygiene Law

PURPORTED WAIVER OF JURY TRIAL NOT VALID, NOTHING ON THE RECORD.

The Second Department determined the sex offender did not validly waive his right to a jury trial. Although there was evidence he intended to waive a jury trial (emails) there was no on-the-record waiver:

The State moves to enlarge the record on appeal to include emails from the appellant’s trial counsel which, the State contends, demonstrate that the appellant validly waived his right to a jury trial. However, in Matter of State of New York v Ted B. (132 AD3d 28), we held that a respondent in a Mental Hygiene article 10 proceeding may validly waive the right to a jury trial only where an on-the-record colloquy shows that the respondent made a knowing and voluntary waiver of such right, after an opportunity for consultation with his or her attorney. As an alternative to a personal appearance in court, a respondent may participate in such a colloquy via video conferencing  … . While the State urges us to find a valid waiver based on emails from the appellant’s trial counsel, such off-the-record communications, regardless of content, are insufficient to ensure that a respondent’s decision to “forgo his [or her] state constitutional and statutory right to a jury trial is the product of an informed and intelligent judgment and, thereby, protect the important liberty interests at stake in article 10 proceedings'” … . Matter of State of New York v Jesus M., 2017 NY Slip Op 01557, 2nd Dept 3-1-17

MENTAL HYGIENE LAW (PURPORTED WAIVER OF JURY TRIAL NOT VALID, NOTHING ON THE RECORD)/JURY TRIAL (MENTAL HYGIENE LAW, PURPORTED WAIVER OF JURY TRIAL NOT VALID, NOTHING ON THE RECORD)

March 1, 2017
Tags: Second Department
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