People v. Bensching
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On defendant’s prior appeal from convictions of multiple sex offenses, we reserved decision and remitted for a hearing to explore the assignment of counsel issue and to determine under what circumstances the defendant "waived” a preliminary hearing (see, People v Bensching, 105 AD2d 1054). At the hearing, it was to be determined whether defendant’s waiver of a preliminary hearing was " 'an intentional relinquishment or abandonment of a known right or privilege’ ” (supra, p 1055).
The record of the hearing on remittitur reveals that when placed under…
2Cases cited9 opinions
- People v. CunninghamNew York Court of Appeals · 1980
- People v. GrantNew York Court of Appeals · 1978
- Molea v. MarascoNew York Court of Appeals · 1984
- People v. HodgeNew York Court of Appeals · 1981
- People ex rel. Hirschberg v. CloseNew York Court of Appeals · 1956
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RussAppellate Division of the Supreme Court of the State of New York · 2002
- People v. KirkAppellate Division of the Supreme Court of the State of New York · 2012
- People v. StrongAppellate Division of the Supreme Court of the State of New York · 2005
- People v. FaganAppellate Division of the Supreme Court of the State of New York · 2008
9 more not listed; retrieve them via the Exa API.