In the Matter of Felder
New York Family Court
402 N.Y.S.2d 528 (1978)
- Written by Mary Katherine Cunningham, JD
Facts
Felder (defendant) allegedly committed a designated felony, robbery of the first degree, at age 15. Felder moved for a jury trial in juvenile court. Felder argued that under Baldwin v. New York, 399 U.S. 66 (1970), the Supreme Court held an individual defendant is entitled to a jury trial if the defendant is charged with a crime in which the punishment could exceed six-months imprisonment. Felder asserted that because he could be confined to a secure facility for up to 12 months, he was entitled to a jury trial. The state (plaintiff) argued that McKeiver v. Pennsylvania, 403 U.S. 528 (1971), controlled and Felder did not have a right to a jury trial as a juvenile charged in a delinquency proceeding.
Rule of Law
Issue
Holding and Reasoning (McLaughlin, J.)
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