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People v. McQueen

420 N.E.2d 97, 52 N.Y.2d 1025, 438 N.Y.S.2d 299, 1981 N.Y. LEXIS 2254
CourtNew York Court of Appeals
DecidedFebruary 24, 1981
StatusPublished
Cited by15 cases

This text of 420 N.E.2d 97 (People v. McQueen) 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. McQueen, 420 N.E.2d 97, 52 N.Y.2d 1025, 438 N.Y.S.2d 299, 1981 N.Y. LEXIS 2254 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant, having been advised by counsel, and after thorough and appropriate inquiry by, the court to ascertain that his waiver of his right to a jury trial was knowingly and voluntarily made, elected to proceed without a jury and executed a waiver of that right.

The prosecutor, expecting to proceed with the voir dire, had excused the complaining witness and, therefore, the case was adjourned to the next day. On the next day, however, defense counsel advised the court that the defendant [1026]*1026had changed his mind and without giving any other reason requested that the waiver be vacated. The court refused his request and under these circumstances, we cannot say as a matter of law that the court abused its discretion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Waghtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)
420 N.E.2d 97, 52 N.Y.2d 1025, 438 N.Y.S.2d 299, 1981 N.Y. LEXIS 2254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcqueen-ny-1981.