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People v.O'Diah

Appellate Division of the Supreme Court of the State of New York
Dec 1, 2009
Versions:68 A.D.3d 787
888 N.Y.2d 892

The defendant’s contention that his waiver of the right to a jury trial was inadequate is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941 [1991], cert denied 502 US 864 [1991]). In any event, the record does not support the defendant’s contention that the waiver was invalid, as he executed a written waiver in open court, which was approved by the trial justice, and the circumstances surrounding the waiver supported the conclusion that it was made knowingly, voluntarily, and intelligently (see CPL 320.10 [2]; People v Smith, 6 NY3d 827, 828 [2006], cert denied 548 US 905 [2006]; People v Fani, 59 AD3d 460 [2009]; People v Jones, 293 AD2d 627 [2002]). Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.

Case Details

Case Name: People v.O'Diah
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 1, 2009
Citations: 68 A.D.3d 787; 888 N.Y.2d 892
Court Abbreviation: N.Y. App. Div.
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