People v. Linzy

New York Court of Appeals

People v. Linzy

357 N.E.2d 1021, 40 N.Y.2d 915, 389 N.Y.S.2d 366, 1976 N.Y. LEXIS 3084

DecidedOctober 28, 1976

StatusPublished

This text of 357 N.E.2d 1021 (People v. Linzy) 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. Linzy, 357 N.E.2d 1021, 40 N.Y.2d 915, 389 N.Y.S.2d 366, 1976 N.Y. LEXIS 3084 (N.Y. 1976).

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Opinion

Order affirmed. In view of uncontradicted assertions in the briefs concerning the granting of a severance only on condition of defendant waiving a jury trial, but absent support in the record, defendant’s remedy is by motion to vacate the judgment under CPL 440.10 (subd 1, par [f]). In so holding the court, of course, expresses no view as to how such motion should be decided.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Order affirmed. In view of uncontradicted assertions in the briefs concerning the granting of a severance only on condition of defendant waiving a jury trial, but absent support in the record, defendant’s remedy is by motion to vacate the judgment under CPL 440.10 (subd 1, par [f]). In so holding the court, of course, expresses no view as to how such motion should be decided.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Bluebook (online)

357 N.E.2d 1021, 40 N.Y.2d 915, 389 N.Y.S.2d 366, 1976 N.Y. LEXIS 3084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-linzy-ny-1976.