People v. Watson

Appellate Division of the Supreme Court of New York

People v. Watson

38 A.D.3d 1196, 834 N.Y.S.2d 905

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

DecidedMarch 16, 2007

StatusPublished

Cited by1 cases

This text of 38 A.D.3d 1196 (People v. Watson) 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. Watson, 38 A.D.3d 1196, 834 N.Y.S.2d 905 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered July 27, 2005. The judgment convicted defendant, after a nonjury trial, of burglary in the second degree, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree and possession of burglar’s tools.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for a reconstruction hearing in accordance with the following memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the second degree (Penal Law § 140.25 [2]), criminal possession of stolen property in the fifth degree (§ 165.40), criminal mischief in the fourth degree (§ 145.00 [1]) and possession of burglar’s tools (§ 140.35). Defendant contends, inter alia, that he did not sign the waiver of his right to a jury trial in open court, as required by NY Constitution, article I, § 2 and CPL 320.10 (2) (see People v Page, 88 NY2d 1, 9-10 [1996]; People v Finkle, 262 AD2d 971, 972 [1999]). We are unable to determine on the record before us whether the waiver was signed in open court, and a reconstruction hearing thus is necessary (see People v Basora, 90 AD2d 851 [1982]). We therefore hold the case, reserve decision and remit the matter to Supreme Court for a reconstruction hearing on that issue. Present—Scudder, EJ., Hurlbutt, Smith, Lunn and Green, JJ.

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Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered July 27, 2005. The judgment convicted defendant, after a nonjury trial, of burglary in the second degree, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree and possession of burglar’s tools.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for a reconstruction hearing in accordance with the following memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the second degree (Penal Law § 140.25 [2]), criminal possession of stolen property in the fifth degree (§ 165.40), criminal mischief in the fourth degree (§ 145.00 [1]) and possession of burglar’s tools (§ 140.35). Defendant contends, inter alia, that he did not sign the waiver of his right to a jury trial in open court, as required by NY Constitution, article I, § 2 and CPL 320.10 (2) (see People v Page, 88 NY2d 1, 9-10 [1996]; People v Finkle, 262 AD2d 971, 972 [1999]). We are unable to determine on the record before us whether the waiver was signed in open court, and a reconstruction hearing thus is necessary (see People v Basora, 90 AD2d 851 [1982]). We therefore hold the case, reserve decision and remit the matter to Supreme Court for a reconstruction hearing on that issue. Present—Scudder, EJ., Hurlbutt, Smith, Lunn and Green, JJ.

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Bluebook (online)

38 A.D.3d 1196, 834 N.Y.S.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watson-nyappdiv-2007.

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