People v. Meyer

Appellate Division of the Supreme Court of New York

People v. Meyer

56 A.D.2d 937, 393 N.Y.S.2d 54, 1977 N.Y. App. Div. LEXIS 11343

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 1977·Published·Cited by 3 cases

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 21, 1973, convicting him of possession of weapons, etc., as a felony, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, and indictment dismissed, as a matter of discretion in the interest of justice. The District Attorney has been unable to furnish proof that defendant signed a written waiver of his right to a jury trial. His alleged oral waiver of that right was ineffective (see People v Brown, 37 AD2d 980). Since defendant has served his sentence, the interest of justice will best be served by a dismissal of the indictment. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 21, 1973, convicting him of possession of weapons, etc., as a felony, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, and indictment dismissed, as a matter of discretion in the interest of justice. The District Attorney has been unable to furnish proof that defendant signed a written waiver of his right to a jury trial. His alleged oral waiver of that right was ineffective (see People v Brown, 37 AD2d 980). Since defendant has served his sentence, the interest of justice will best be served by a dismissal of the indictment. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

People v. Meyer, 56 A.D.2d 937, 393 N.Y.S.2d 54, 1977 N.Y. App. Div. LEXIS 11343 (N.Y. Ct. App. 1977).

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Opinion

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