Does a defendant have a right to trial de novo?
"New York", United States of America
The following excerpt is from Legal Aid Soc. of Sullivan County, Inc. v. Scheinman, 422 N.E.2d 542, 439 N.Y.S.2d 882, 53 N.Y.2d 12 (N.Y. 1981):
In overruling this contention and validating the statutory scheme, it is significant that the court emphasized that a defendant's right to trial de novo WAS "ABSOLUTE", "UNCONDITIONAL" AND AVAILABLE "ALL INStances" (north v. Russell, supra, at pp. 335, 334, 96 S.Ct. at p. 2712, emphasis added). The
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