People v. Dunston

Appellate Division of the Supreme Court of New York

People v. Dunston

297 A.D.2d 820, 747 N.Y.2d 811, 747 N.Y.S.2d 811, 2002 N.Y. App. Div. LEXIS 8852

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 2002

StatusPublished

This text of 297 A.D.2d 820 (People v. Dunston) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dunston, 297 A.D.2d 820, 747 N.Y.2d 811, 747 N.Y.S.2d 811, 2002 N.Y. App. Div. LEXIS 8852 (N.Y. Ct. App. 2002).

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Opinion

The defendant’s contention that the trial judge failed to conduct an adequate inquiry concerning his waiver of a trial by jury is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941, cert denied 502 US 864; People v Davis, 277 AD2d 248). In any event, although a more complete record would have been preferred, on the facts and circumstances presented, we find the waiver was valid (see People v Magnano, supra; People v Davis, supra; People v Simmons, 182 AD2d 1018; People v Burnett, 136 AD2d 888).

The defendant’s remaining contention is unpreserved for ap[821]*821pellate review (see CPL 470.05 [2]), and, in any event, is without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.

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The defendant’s contention that the trial judge failed to conduct an adequate inquiry concerning his waiver of a trial by jury is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941, cert denied 502 US 864; People v Davis, 277 AD2d 248). In any event, although a more complete record would have been preferred, on the facts and circumstances presented, we find the waiver was valid (see People v Magnano, supra; People v Davis, supra; People v Simmons, 182 AD2d 1018; People v Burnett, 136 AD2d 888).

The defendant’s remaining contention is unpreserved for ap[821]*821pellate review (see CPL 470.05 [2]), and, in any event, is without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.

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Bluebook (online)

297 A.D.2d 820, 747 N.Y.2d 811, 747 N.Y.S.2d 811, 2002 N.Y. App. Div. LEXIS 8852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunston-nyappdiv-2002.

Opinion

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