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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

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Issue

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Holding and Reasoning (McLaughlin, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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