Court of Appeals of New York - People v. Gajadhar

9 N.Y.3d 438 (N.Y. 2007). 2 People v. Gajadhar, 828 N.Y.S.2d 346, 352, 354 (App.Div.1st Dep't.2007) (" [E]arlier authority to the effect that a defendant cannot consent to trial before fewer than 12 jurors has been implicitly overruled.In sum, defendant is bound by his waiver of the right to be tried by a jury consisting of 12 persons.").3 People v. Gajadhar, 868 N.E.2d 239 (N.Y. 2007).4 Gajadhar, 9 N.Y.3d at 448. 5 N.Y.CONST.art.I, § 2 ("A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge"); N.Y.CONST.art.VI, § 18 ("[A] jury shall be composed of six or of twelve persons... provided, however, that crimes prosecuted by indictment shall be tried by a jury composed of twelve persons, unless a jury trial has been waived as provided in section two of article one"); Gajadhar, 9 N.Y.3d at 441.