· 10/26/2004
White v. Associates Leasing, Inc.
Citations
- 11 A.D.3d 397
- 782 N.Y.S.2d 914
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- following reversal and remand, defendant could withdraw waiver of jury trial and require that case be heard by a jury
- the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial
- stating the general rule is that a stipulation to waive a jury only relates to the first trial, there is no presumption that there would ever be a second trial, and it cannot be presumed the parties had in mind a possible subsequent trial to which the stipulation could refer
- the right to a jury trial is a fundamental right and a waiver should not be presumed to include second trial
- “concealed”, held to mean knowing concealment when court determined that Congress, in enacting 49 U.S.C. § 1472, intended that knowledge be an element of the offense
- also interpreting a prior version of statute and observing that the “knowing” element required only that the defendant knew of the presence of a concealed weapon, not that the defendant knew possessing the weapon was illegal
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.