People v. Elliott

Appellate Division of the Supreme Court of New York

People v. Elliott

282 A.D.2d 756, 724 N.Y.S.2d 342, 2001 N.Y. App. Div. LEXIS 4315

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

DecidedApril 30, 2001

StatusPublished

This text of 282 A.D.2d 756 (People v. Elliott) 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. Elliott, 282 A.D.2d 756, 724 N.Y.S.2d 342, 2001 N.Y. App. Div. LEXIS 4315 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered September 18, 1997, convicting him of murder in the second degree and manslaughter in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant, indicted for, inter alia, murder in the first degree and murder in the second degree, waived his right to a [757]*757jury trial pursuant to CPL 320.10. After a nonjury trial, he was convicted of murder in the second degree and manslaughter in the first degree. The defendant now argues that the trial court was without authority to approve the waiver under CPL 320.10. However, having been granted the precise relief he requested the defendant may not challenge the waiver on appeal (see, People v Ahmed, 66 NY2d 307; see also, Tongue v Tongue, 61 NY2d 809). Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered September 18, 1997, convicting him of murder in the second degree and manslaughter in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant, indicted for, inter alia, murder in the first degree and murder in the second degree, waived his right to a [757]*757jury trial pursuant to CPL 320.10. After a nonjury trial, he was convicted of murder in the second degree and manslaughter in the first degree. The defendant now argues that the trial court was without authority to approve the waiver under CPL 320.10. However, having been granted the precise relief he requested the defendant may not challenge the waiver on appeal (see, People v Ahmed, 66 NY2d 307; see also, Tongue v Tongue, 61 NY2d 809). Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.

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Bluebook (online)

282 A.D.2d 756, 724 N.Y.S.2d 342, 2001 N.Y. App. Div. LEXIS 4315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-elliott-nyappdiv-2001.

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