Criminal Law keyed to Dripps
Baldwin v. New York
Baldwin (Defendant) was arrested for jostling in New York. Jostling is considered a misdemeanor in violation of New York Penal Law § 165.25. According to § 165.25, a person is guilty of jostling when “he intentionally and unnecessarily places his hand in the proximity of a person’s pocket or handbag” in a public place, or when he “crowds another person at a time when a third person’s hand is in the proximity of such person’s pocket or handbag” in a public place. Pursuant to § 40 of the New York City Criminal Court Act, Defendant’s trial was conduct without a jury in New York City Criminal Court because all trials were conducted without a jury per §40. Defendant moved for a jury trial and was denied this right. Defendant was then convicted of jostling and sentenced to prison for one year. Defendant appealed and argued that § 40 was unconstitutional for denying him the opportunity for a jury trial. Subsequently, the United States Supreme Court granted certiorari.
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