Matter of Morgenthau v. Erlbaum

In Matter of Morgenthau v. Erlbaum (59 NY2d 143 [1983]), two women accused of prostitution moved for a trial by jury. The defendants argued that CPL 340.40 (2) was unconstitutional since it deprived them of their 6th Amendment right to a jury trial and denied them the equal protection of the law. The Criminal Court granted their motion although the sentence was not "serious" and therefore not protected under the 6th Amendment. The Court of Appeals rejected this argument and held that defendants were not entitled to a jury trial.