People v. Logue
Citation | 115 A.D.2d 285,495 N.Y.S.2d 826 |
Parties | PEOPLE of the State of New York, Respondent, v. Danny W. LOGUE, Appellant. |
Decision Date | 15 November 1985 |
Court | New 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.
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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...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 ......
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