Legal Opinion

People v. Moran

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2011PublishedCited by 8 opinions

1Opinion of the Court

Memorandum:

Defendant appeals from a judgment convicting him upon a nonjury verdict of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). Defendant failed to preserve for our review his contentions that his purported waiver of the right to a jury trial is invalid because the record does not establish that he signed the written waiver in open court, as required by CPL 320.10 and article I, § 2 of the New York Constitution (see People v Magnano, 158 AD2d 979 [1990], affd 77 NY2d 941 [1991], cert denied 502 US 864 [1991]; People v Brown, 81 AD3d 499 [2011]), and that he did not…

2Cases cited8 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. MagnanoNew York Court of Appeals · 1991
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. DixonAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by8 opinions

  1. People v. DixonAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. MillsAppellate Division of the Supreme Court of the State of New York · 2016
  3. DIXON, ADRIAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. MILLS, ANTHONY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. DixonAppellate Division of the Supreme Court of the State of New York · 2014

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