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People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 533 (N.Y. App. Div. 1987)

Opinion

November 23, 1987

Appeal from the Supreme Court, Queens County (Glass, J.).


Ordered that the judgment is affirmed.

After the defendant's conviction had been reversed by this court and a new trial granted (see, People v. Oliver, 99 A.D.2d 789), the defense counsel and an Assistant District Attorney entered into a stipulation pursuant to which the People were permitted to establish their case at the defendant's second trial through the use of testimony adduced at his first trial. On appeal, the defendant argues that the court was obligated to question him in order to ascertain whether the stipulation into which he entered was knowingly and voluntarily obtained. We disagree. As we have recently noted in rejecting a similar contention, "[r]eversal is not warranted because the court did not inquire of the defendant personally whether he had knowingly agreed to the stipulation" (People v. Word, 118 A.D.2d 823, lv denied 67 N.Y.2d 1058; People v. Mills, 103 A.D.2d 379). Mangano, J.P., Weinstein, Kooper and Harwood, JJ., concur.


Summaries of

People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 533 (N.Y. App. Div. 1987)
Case details for

People v. Oliver

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE OLIVER…

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

Date published: Nov 23, 1987

Citations

134 A.D.2d 533 (N.Y. App. Div. 1987)

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