Saylor Suazo, an illegal alien, was arrested and convicted for assault in the Bronx. He was charged with Assault 3, a class A misdemanor, which has a maximum penalty of one year in jail.
In New York City, the Criminal Procedure Law allows a defendant to be denied a jury trial (instead having a bench trial) if the maximum penalty is less than six months in jail.
The Bronx DA's Office moved to reduce the charge to class B misdemeanors, which have a maximum penalty of three months in jail. The trial court granted the reduction, which meant Suazo could be tried without a jury. But Suazo requested a jury and argued that his risk of deportation made the charges serious enough to warrant a jury trial under the 6th Amendment. His motion was rejected and he was found guilty at bench trial.
The case made its way to New York's highest court, which sided with Suazo. The court ruled that the risk of deportation makes a crime serious within the meaning of the 6th Amendment. As a reminder, the 6th Amendment says "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...."
The Bronx DA's Office is considering an appeal to the US Supreme Court.
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