People State New York v. Valentine J. Carroll

[3 N.Y.2d 686 Page 687] A single question, one of first impression, is presented by the appeal: whether section 2 of article I of the New York State
Constitution which relates to the waiver of jury trials in certain criminal cases is self-executing or is dependent upon implementing
legislation. Both courts below in consummately well-expressed opinions have held the provision [3 N.Y.2d 686 Page 688]