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People v. Cassano

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 636 (N.Y. App. Div. 2001)

Opinion

January 31, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 2, 1999, convicting him of intimidating a witness in the third degree (three counts), criminal contempt in the first degree (two counts), criminal contempt in the second degree (12 counts), assault in the third degree, unlawful imprisonment in the second degree, and aggravated harassment in the second degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (William A. Loeb and David P. Greenberg of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the validity of his waiver of the right to a jury trial is unpreserved for appellate review (see, People v. Magnano, 77 N.Y.2d 941, cert denied 502 U.S. 864; People v. Wheeler, 258 A.D.2d 542; People v. McKnight, 198 A.D.2d 306). In any event, the record demonstrates that the defendant knowingly, voluntarily, and intelligently executed a written waiver of his right to a jury trial in open court (see, People v. Wheeler, supra; People v. McKnight, supra; People v. Livingston, 184 A.D.2d 529).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.


Summaries of

People v. Cassano

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 636 (N.Y. App. Div. 2001)
Case details for

People v. Cassano

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JAMES CASSANO, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 31, 2001

Citations

279 A.D.2d 636 (N.Y. App. Div. 2001)
719 N.Y.S.2d 874

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