People v. Johnson

New York Court of Appeals

People v. Johnson

416 N.E.2d 1048, 51 N.Y.2d 986, 435 N.Y.S.2d 713, 1980 N.Y. LEXIS 2814

CourtNew York Court of Appeals

DecidedNovember 20, 1980

StatusPublished

Cited by65 cases

This text of 416 N.E.2d 1048 (People v. Johnson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Johnson, 416 N.E.2d 1048, 51 N.Y.2d 986, 435 N.Y.S.2d 713, 1980 N.Y. LEXIS 2814 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue raised with respect to the procedure followed in approving the appellant’s waiver of jury trial was not preserved for review (CPL 470.05, subd 2). Moreover, quite apart from the lack of preservation, there is nothing on this record to afford a basis for determination of the question now raised for the first time. As the People correctly *988 argue, the appellant’s present claim that his participation in the waiver was not knowing and voluntary implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10. That course was not pursued.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue raised with respect to the procedure followed in approving the appellant’s waiver of jury trial was not preserved for review (CPL 470.05, subd 2). Moreover, quite apart from the lack of preservation, there is nothing on this record to afford a basis for determination of the question now raised for the first time. As the People correctly *988 argue, the appellant’s present claim that his participation in the waiver was not knowing and voluntary implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10. That course was not pursued.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

416 N.E.2d 1048, 51 N.Y.2d 986, 435 N.Y.S.2d 713, 1980 N.Y. LEXIS 2814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-ny-1980.

Opinion

Related

Cite This Page — Counsel Stack