People v. Watkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and as a matter of discretion in the interest of justice and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting him, following a nonjury trial, of grand larceny in the fourth degree. As the People concede, the conviction must be reversed because defendant did not effectively waive his right to a jury trial (see, CPL 320.10 [2]; People v Zawistowshi, 168 AD2d 950).. The People contend, however, that they may retry defendant on the original indictment, which charged grand larceny in the third degree and criminal mischief in…
2Cases cited6 opinions
- People v. MayoNew York Court of Appeals · 1979
- People v. IrrizariNew York Court of Appeals · 1959
- People v. LopezNew York Court of Appeals · 1992
- People v. GrossAppellate Division of the Supreme Court of the State of New York · 1976
- People v. KirkwoodAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by6 opinions
- People v. GeroyianisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. VandenburgAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 2005
- People v. FinkleAppellate Division of the Supreme Court of the State of New York · 1999
- GEROYIANIS, LOUIS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.