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People v. Meyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 937 (N.Y. App. Div. 1977)

Opinion

March 28, 1977


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 21, 1973, convicting him of possession of weapons, etc., as a felony, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, and indictment dismissed, as a matter of discretion in the interest of justice. The District Attorney has been unable to furnish proof that defendant signed a written waiver of his right to a jury trial. His alleged oral waiver of that right was ineffective (see People v Brown, 37 A.D.2d 980). Since defendant has served his sentence, the interest of justice will best be served by a dismissal of the indictment. Rabin, Acting P.J., Shapiro, Titone and Suozzi, JJ., concur.


Summaries of

People v. Meyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 937 (N.Y. App. Div. 1977)
Case details for

People v. Meyer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFONSO MEYER…

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

Date published: Mar 28, 1977

Citations

56 A.D.2d 937 (N.Y. App. Div. 1977)

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