People v. Hunter

2 Citing cases

  1. People v. Laconte

    45 A.D.3d 699 (N.Y. App. Div. 2007)   Cited 7 times

    The defendant's contention that his waiver of the right to a jury trial was invalid is unpreserved for appellate review ( see CPL 470.05; People v Torres, 24 AD3d 692; People v Magnano, 158 AD2d 979, affd 77 NY2d 941, cert denied 502 US 864). In any event, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived that right ( see People v Torres, 24 AD3d at 692; People v Hunter, 237 AD2d 304, 305). The defendant contends, and the People correctly concede, that the defendant's convictions of two counts of assault in the second degree must be vacated, and those counts of the indictment dismissed, as they are inclusory concurrent counts of assault in the first degree ( see CPL 300.30; 300.40 [3] [b]; Penal Law § 120.05, [2]; § 120.10 [1]; People v DeFreitas, 19 AD3d 506, 507).

  2. People v. Wheeler

    258 A.D.2d 542 (N.Y. App. Div. 1999)   Cited 6 times

    05; People v. Magnano, 158 A.D.2d 979, affd 77 N.Y.2d 941, cert denied 502 U.S. 864; People v. McKnight, 198 A.D.2d 306). In any event, the written jury waiver form executed by the defendant and his statements on the record indicate that he made a knowing and intelligent waiver of his right to a jury trial ( see, People v. Davis, 49 N.Y.2d 114, 119; People v. Hunter, 237 A.D.2d 304; People v. Soyouzov, 235 A.D.2d 439). The defendant's claim that he received ineffective assistance of counsel is without merit ( see, People v. Benevento, 91 N.Y.2d 708; People v. Ford, 86 N.Y.2d 397).