Is a waiver of a trial by jury required to be in writing?
"New York", United States of America
The following excerpt is from People v. Brown, 170 Misc.2d 266, 648 N.Y.S.2d 283 (N.Y. Cty. Ct. 1996):
By virtue of Criminal Procedure Law section 320.10 subdivision (2) such a waiver of a trial by jury "must be in writing and must be signed by the defendant in person in open court in the presence of the court, and with the approval of the court"--none of which steps occurred in the instant cases (see also, People v. Page, 88 N.Y.2d 1, 643 N.Y.S.2d 1, 665 N.E.2d 1041).
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