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People v. Stephens

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1189 (N.Y. App. Div. 1991)

Opinion

October 4, 1991

Appeal from the Onondaga County Court, Mulroy, J.

Present — Callahan, A.P.J., Denman, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's conviction of rape in the first degree is supported by legally sufficient evidence (see, Penal Law § 130.00; People v Thompson, 72 N.Y.2d 410, 415-416; People v. Bleakley, 69 N.Y.2d 490, 495).

The validity of defendant's challenge to the procedure followed in approving his waiver of a jury trial cannot be determined on this record and must be established, "if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10" (People v. Johnson, 51 N.Y.2d 986, 988; see also, People v McDaniel, 161 A.D.2d 1125, lv denied 76 N.Y.2d 861; People v Davidson, 123 A.D.2d 782, 783, lv denied 69 N.Y.2d 826).


Summaries of

People v. Stephens

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1189 (N.Y. App. Div. 1991)
Case details for

People v. Stephens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN STEPHENS…

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

Date published: Oct 4, 1991

Citations

176 A.D.2d 1189 (N.Y. App. Div. 1991)

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