Appellate Division of the Supreme Court of the State of New York January 16, 1969 (People v. Di Costanzo)

Bastow, P. J. (dissenting).

I would reverse the judgment of conviction of June 28,1967 entered on the verdict of the jury and the order entered October 18, 1968 denying defendant’s application to waive a jury trial, grant the motion, and direct a new trial before a Judge other than the one who presided at the jury trial.