People v. Davis

912 N.E.2d 1044 (2009)

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People v. Davis

New York Court of Appeals
912 N.E.2d 1044 (2009)

Facts

Wayne Davis (defendant) was charged with violating a New York City Parks and Recreation Department rule that prohibited being in city parks after posted closing times. Violations were a class B misdemeanor. New York’s Criminal Procedure Law § 350.20 allowed class B misdemeanors to be tried and decided by judicial hearing officers (JHOs) instead of criminal-court judges if the parties agreed. Before trial, Davis signed a form consenting to adjudication by a JHO. Based on an officer’s testimony attesting to Davis’s presence in a city park after closing, the JHO convicted Davis. The appellate term affirmed. Davis appealed to the New York Court of Appeals, arguing that allowing JHOs to decide class B misdemeanors violated the New York Constitution.

Rule of Law

Issue

Holding and Reasoning (Ciparick, J.)

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