People v. Smith

Citation6 N.Y.3d 827,850 N.E.2d 622
PartiesThe PEOPLE of the State of New York, Respondent, v. Matthew SMITH, Appellant.
Decision Date30 March 2006
CourtNew York Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

After bench trial, defendant was convicted of rape in the first degree and burglary in the second degree. Initially, defendant claims that his waiver of a jury trial did not comport with constitutional and statutory requisites (see N.Y. Const., art. I, § 2; CPL 320.10[2]). The record indicates that defendant executed a written waiver of a jury trial in open court which was approved by the trial judge. The circumstances surrounding the waiver, moreover, support the conclusion that it was knowing, intelligent and voluntary.

Next, defendant asserts that his waiver was ineffective since the trial judge did not inquire as to his understanding regarding the waiver of a jury trial. The record reflects, however, that in defendant's presence the trial court inquired of defendant's counsel concerning his client's understanding of the rights waived. Although an allocution by the trial judge eliciting defendant's full understanding of the importance of the right being waived would have been better practice, no particular catechism is required to establish the validity of a jury trial waiver. The inquiry here, though minimal, was sufficient to establish that defendant understood the ramifications of such waiver (see People v. Page, 88 N.Y.2d 1, 643 N.Y.S.2d 1, 665 N.E.2d 1041 [1996]).

Finally, defendant contends that there was legally insufficient evidence from which the trier of fact could find him guilty of rape in the first degree (Penal Law § 130.35[2]) and burglary in the second degree (Penal Law § 140.25[2]). A "verdict is supported by sufficient evidence . . . [when] there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion . . . [which] as a matter of law satisf[ies] the proof and burden requirements for every element of the crime charged" (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987]). Contrary to defendant's assertions, and viewing the evidence in the light most favorable to ...

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    • United States
    • New York Supreme Court — Appellate Division
    • January 31, 2018
    ...101 A.D.2d 811, 812, 475 N.Y.S.2d 133 ) and even criminal trials (see NY Const, art I, § 2 ; CPL 320.10 ; People v. Smith, 6 N.Y.3d 827, 828, 817 N.Y.S.2d 575, 850 N.E.2d 622 ), the waiver of the constitutional right to indictment by a State grand jury (see NY Const, art I, § 6 ; CPL 190.10......
  • People v. Manning
    • United States
    • New York Supreme Court — Appellate Division
    • February 24, 2011
    ...lv. denied 8 N.Y.3d 983, 838 N.Y.S.2d 487, 869 N.E.2d 663 [2007]; People v. Smith, 16 A.D.3d 1033, 1034, 790 N.Y.S.2d 805 [2005], affd. 6 N.Y.3d 827, 817 N.Y.S.2d 575, 850 N.E.2d 622 [2006], cert. denied 548 U.S. 905, 126 S.Ct. 2971, 165 L.Ed.2d 953 [2006] ). Whether or not a victim was phy......
  • People v. Hardy
    • United States
    • New York Supreme Court — Appellate Division
    • August 10, 2010
    ...he made should have been suppressed ( see People v. Bongarzone-Suarrcy, 13 A.D.3d 385, 386, 785 N.Y.S.2d 527, affd. 6 N.Y.3d 827, 817 N.Y.S.2d 575, 850 N.E.2d 622; People v. Beckwith, 303 A.D.2d 594, 595, 759 N.Y.S.2d 80; People v. Lyons, 125 A.D.2d 593, 595, 509 N.Y.S.2d 654). Nevertheless......
  • People v. Hailey, 584 KA 13-01493
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    • May 1, 2015
    ...958, 863 N.Y.S.2d 142, 893 N.E.2d 448 ; cf. People v. Davidson, 136 A.D.2d 66, 67–70, 525 N.Y.S.2d 855 ; see generally People v. Smith, 6 N.Y.3d 827, 828, 817 N.Y.S.2d 575, 850 N.E.2d 622, cert. denied 548 U.S. 905, 126 S.Ct. 2971, 165 L.Ed.2d 953 ). Defendant further contends that the conv......
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