Legal Opinion
People v. Silva
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2012PublishedCited by 5 opinions
1Opinion of the Court
The defendant failed to preserve for appellate review his contention that his waiver of the right to a jury trial was inadequate (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 Supreme Court’s determination that the waiver was made knowingly, voluntarily, and intelligently (see CPL 320.10 [2]; People v Smith,…
2Cases cited16 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RomeroNew York Court of Appeals · 2006
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PazminiAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TuckerAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GucciardoAppellate Division of the Supreme Court of the State of New York · 2015
- People v. Smith (Jennifer)Appellate Terms of the Supreme Court of New York · 2016