People v. Logue

Citation115 A.D.2d 285,495 N.Y.S.2d 826
PartiesPEOPLE of the State of New York, Respondent, v. Danny W. LOGUE, Appellant.
Decision Date15 November 1985
CourtNew York Supreme Court Appellate Division

Alan Spears, Olean, for appellant.

Levant M. Himelein III, Little Valley, for respondent.

Before HANCOCK, J.P., and DOERR, DENMAN, O'DONNELL and PINE, JJ.

MEMORANDUM:

We reject defendant's contention that he did not effectively waive his right to a jury trial. Defendant properly executed a written waiver in compliance with CPL 320.10(2), and the record demonstrates that the waiver was made knowingly, intelligently and voluntarily. The court properly denied defendant's motion to set aside the verdict pursuant to CPL 330.30. The record conclusively refutes defendant's contention that he entered a guilty plea in Town Court in satisfaction of all the charges. Several of defendant's other contentions are raised for the first time in his briefs and, thus, are not preserved for appellate review. We have examined them, however, and find them to be without merit.

Judgment unanimously affirmed.

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3 cases
  • People v. Miller
    • United States
    • New York Supreme Court
    • 24 September 1990
    ...being the case is devoid of merit (see People v. Mettler, 147 A.D.2d 849, 538 N.Y.S.2d 74 [3d Dept., 1989]; People v. Logue, 115 A.D.2d 285, 495 N.Y.S.2d 826 [4th Dept., 1985] app. den. 67 N.Y.2d 886, 501 N.Y.S.2d 1037, 492 N.E.2d 1244 [1986]; People v. Cannady, 127 Misc.2d 783, 487 N.Y.S.2......
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • 5 October 1987
    ...voluntarily and intelligently made (see generally, People v. Davis, 49 N.Y.2d 114, 424 N.Y.S.2d 372, 400 N.E.2d 313; People v. Logue, 115 A.D.2d 285, 495 N.Y.S.2d 826, lv. denied, 67 N.Y.2d 886, 501 N.Y.S.2d 1037, 492 N.E.2d 1244). We further find unconvincing the defendant's claim that he ......
  • People v. Ahalt
    • United States
    • New York Supreme Court
    • 13 May 1988
    ...attempted waiver did not appear to be made knowingly, intelligently and voluntarily as the statute required ( People v. Logue, 115 A.D.2d 285, 495 N.Y.S.2d 826, lv. to app. den. 67 N.Y.2d 886, 501 N.Y.S.2d 1037, 492 N.E.2d 1244; People v. Cannady, 127 Misc.2d 783, 487 N.Y.S.2d The allegatio......

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