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People v. Cotton

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 884 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's principal contention is that he did not knowingly and intelligently waive his right to a jury trial. Defendant's waiver was valid. He signed a written waiver in open court after consulting with counsel and was fully informed by the court of the nature and consequences of the waiver (see, People v. Mettler, 147 A.D.2d 849, lv. denied 74 N.Y.2d 666; People v. Aponte, 144 A.D.2d 679, 680, lv. denied 73 N.Y.2d 888; cf., People v. Burnett, 136 A.D.2d 888, lv. denied 70 N.Y.2d 1004). On this record, defendant's conviction of first degree robbery is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The record also establishes that defendant received meaningful assistance of counsel (see, People v. Rivera, 71 N.Y.2d 705, 709; People v. Baldi, 54 N.Y.2d 137, 146-147). We have considered the issues raised in defendant's supplemental pro se brief and find them lacking in merit.


Summaries of

People v. Cotton

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 884 (N.Y. App. Div. 1990)
Case details for

People v. Cotton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE COTTON…

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

Date published: Nov 16, 1990

Citations

167 A.D.2d 884 (N.Y. App. Div. 1990)
562 N.Y.S.2d 266

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