Criminal Court of the City of New York September 20, 1968 (People v. Moses)

Milton Shalleck, J.

After I had denied defendant’s motion to suppress the evidence in this case1,1 asked his counsel whether he wished to proceed to trial before a single Judge or a panel of three Judges.2 His answer was in effect: “ Neither. Defendant demands, and moves, that he be tried by a jury, as permitted under the recent Duncan case [Duncan v. Louisiana, 391 U. S.