People v. Davidson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
On this appeal from the denial of the defendant’s motion pursuant to CPL 440.10 (1) (h), we are called upon to determine whether a written jury waiver instrument was executed in conformity with applicable constitutional and statutory requisites (see, NY Const, art I, § 2; CPL 320.10 [2]). For the reasons that follow, we conclude that the circumstances surrounding the execution of the jury waiver fail to establish compliance with the foregoing requisites and, accordingly, we reverse the order of the Supreme Court and vacate the defendant’s judgment of conviction.
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2Cases cited15 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. . CosmoNew York Court of Appeals · 1912
- People v. DavisNew York Court of Appeals · 1979
- People v. DuchinNew York Court of Appeals · 1963
- People ex rel. Rohrlich v. FolletteNew York Court of Appeals · 1967
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3Cited by26 opinions
- People v. HaileyAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CaravousanosAppellate Terms of the Supreme Court of New York · 2003
- People v. ButlerAppellate 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
21 more not listed; retrieve them via the Exa API.