People v. Terrell

Appellate Division of the Supreme Court of New York

People v. Terrell

277 A.D.2d 931, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11457

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

DecidedNovember 13, 2000

StatusPublished

Cited by2 cases

This text of 277 A.D.2d 931 (People v. Terrell) 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. Terrell, 277 A.D.2d 931, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11457 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: Supreme Court did not err in approving defendant’s waiver of the right to a jury trial. The written waiver was signed by defendant before the Trial Judge in open court and recites that it was executed after consulta[932]*932tion with defense counsel and with a full understanding by defendant of his rights and a full appreciation that defendant was waiving them (see, CPL 320.10 [2]; People v Medina, 202 AD2d 256, 257, lv denied 83 NY2d 913). “[I]n the circumstances of this case, a written waiver is sufficient and is not invalidated by the court’s failure to inquire” (People v Burnett, 136 AD2d 888, lv denied 70 NY2d 1004; see also, People v Medina, supra, at 257), or to give defendant any particular warning or advice (see, People v Simmons, 182 AD2d 1018, 1019), absent some indication of a need to advise defendant or to make further inquiry of him (see, People v Stroud, 143 AD2d 532, lv denied 73 NY2d 790).

The verdict finding defendant guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The court, sitting as the trier of fact, did not fail to give the evidence the weight it should be accorded (see, People v Bleakley, supra, at 495). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.

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—Judgment unanimously affirmed. Memorandum: Supreme Court did not err in approving defendant’s waiver of the right to a jury trial. The written waiver was signed by defendant before the Trial Judge in open court and recites that it was executed after consulta[932]*932tion with defense counsel and with a full understanding by defendant of his rights and a full appreciation that defendant was waiving them (see, CPL 320.10 [2]; People v Medina, 202 AD2d 256, 257, lv denied 83 NY2d 913). “[I]n the circumstances of this case, a written waiver is sufficient and is not invalidated by the court’s failure to inquire” (People v Burnett, 136 AD2d 888, lv denied 70 NY2d 1004; see also, People v Medina, supra, at 257), or to give defendant any particular warning or advice (see, People v Simmons, 182 AD2d 1018, 1019), absent some indication of a need to advise defendant or to make further inquiry of him (see, People v Stroud, 143 AD2d 532, lv denied 73 NY2d 790).

The verdict finding defendant guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The court, sitting as the trier of fact, did not fail to give the evidence the weight it should be accorded (see, People v Bleakley, supra, at 495). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.

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Bluebook (online)

277 A.D.2d 931, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-terrell-nyappdiv-2000.

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