People v. Sutton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*362OPINION OF THE COURT
Gibbons, J. P.
This court has previously held that the submission to a jury of an alleged crime which is neither expressed in the accusatory instrument nor a lesser included offense to any charge in the accusatory instrument goes to the subject matter jurisdiction of the court, and an objection thereto may not be waived by the defendant (People ex rel. Gray v Tekben, 86 AD2d 176, affd 57 NY2d 651). In this case, we are called upon to decide, among other things, whether this principle applies when the defendant himself requests or consents to the submission, rather than…
2Cases cited34 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. IannoneNew York Court of Appeals · 1978
- People v. PattersonNew York Court of Appeals · 1976
- People v. GreenNew York Court of Appeals · 1982
- People v. Calbud, Inc.New York Court of Appeals · 1980
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3Cited by6 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 1984
- People v. TapiaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WeissingerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.