United States Supreme Court
399 U.S. 66 (1970)
Baldwin (defendant) was arrested for “jostling,” a misdemeanor, in violation of New York Penal Law § 165.25 which provided “[a] person is guilty of jostling when, in a public place, he intentionally and unnecessarily: (1) places his hand in the proximity of a person’s pocket or handbag; or (2) jostles or crowds another person at a time when a third person’s hand is in the proximity of such person’s pocket or handbag.” Baldwin was brought to trial in New York City Criminal Court, which conducted all trials without a jury pursuant to § 40 of the New York City Criminal Court Act (the Act). Baldwin moved the court for a jury trial and was denied. Thereafter, Baldwin was convicted and sentenced to one year in prison. Baldwin appealed, arguing that § 40 of the Act was unconstitutional because it denied him an opportunity for a jury trial. The U.S. Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (White, J.)
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