People v. Denning
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Judgment of conviction rendered on February 28, 1978 (Kidder, J., at trial and sentence) modified, on the law, with respect to the sentence, and the matter is remanded to the court below for resentence in accordance with CPL 720.20, and, as so modified, affirmed.
Defendant’s appeal is predicated in part upon a constitutional attack upon CPL 340.40 (subd 7), which section constituted the statutory authority upon which the court below denied defendant’s request for a trial by jury. CPL 340.40 (subd 7) provides: "Notwithstanding any other provision of law, in any local…
3Cases cited7 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- People v. AtlasAppellate Division of the Supreme Court of the State of New York · 1918
- People v. . AtlasNew York Court of Appeals · 1921
- People v. Joseph M.Criminal Court of the City of New York · 1975
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4Cited by5 opinions
- People v. WilliamsCriminal Court of the City of New York · 1983
- People v. Robert Z., New York County Courts1986
- People v. CruzCriminal Court of the City of New York · 1985
- People v. LinkCriminal Court of the City of New York · 1981
- People v. ElliotCriminal Court of the City of New York · 1993