People v. Magnano
| Decision Date | 25 April 1991 |
| Parties | , 573 N.E.2d 572 The PEOPLE of the State of New York, Respondent, v. Michael MAGNANO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Order affirmed for the reasons stated in the memorandum at the Appellate Division (158 A.D.2d 979, 551 N.Y.S.2d 131).
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41 cases
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People v. Wingate
...his waiver of his right to a jury trial was invalid is unpreserved for appellate review (see CPL 470.05[2] ; People v. Magnano, 77 N.Y.2d 941, 942, 570 N.Y.S.2d 484, 573 N.E.2d 572 ; People v. Johnson, 51 N.Y.2d 986, 987, 435 N.Y.S.2d 713, 416 N.E.2d 1048 ; People v. Badden, 13 A.D.3d 463, ......
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People v. Dallas
... ... denied548 U.S. 905, 126 S.Ct. 2971, 165 L.Ed.2d 953). Defendant's contentions attributing the underlying reason for the waiver to the convenience or other purposes of his attorneys are outside the record and are properly raised by way of a motion pursuant to CPL article 440 ( see People v. Magnano, 158 A.D.2d 979, 979, 551 N.Y.S.2d 131,affd.77 N.Y.2d 941, 570 N.Y.S.2d 484, 573 N.E.2d 572,cert. denied502 U.S. 864, 112 S.Ct. 189, 116 L.Ed.2d 150). [989 N.Y.S.2d 210] We agree with defendant, however, that the fourth and sixth counts of the indictment, each ... ...
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People v. Moran
...320.10 and article I, § 2 of the New York Constitution ( see People v. Magnano, 158 A.D.2d 979, 551 N.Y.S.2d 131, affd. 77 N.Y.2d 941, 570 N.Y.S.2d 484, 573 N.E.2d 572, cert. denied 502 U.S. 864, 112 S.Ct. 189, 116 L.Ed.2d 150; People v. Brown, 81 A.D.3d 499, 916 N.Y.S.2d 110), and that he ......
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