People v. Barnes — 16 N.Y.2d 626

Majority

p. 626

The People of the State of New York, Respondent, v. Edward Barnes, Appellant.

Argued May 17, 1965;

decided May 27, 1965.

p. 627

Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for respondent.

Judgment affirmed. The requirement of subdivision (1) of section 40 of the New York City Criminal Court Act that a defendant be advised that he has a right to a trial before a three-Judge court was satisfied in this case when defendant elected to be tried before a single Judge. We see no substance

p. 628

to the claim that the narcotics were obtained by an illegal search and seizure. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.