From Casetext: Smarter Legal Research

People v. Suarez

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1997
237 A.D.2d 134 (N.Y. App. Div. 1997)

Opinion

March 11, 1997.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered June 7, 1994, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Before: Murphy, P.J., Williams, Tom and Mazzarelli, JJ.


Defendant's claim that his waiver of a jury trial was not knowing and voluntary is unpreserved and without merit ( People v Tamarez, 213 AD2d 261, 262, lv denied 85 NY2d 981). The court emphasized to defendant the importance of jury trials and the requirement that any waiver of the right to a jury trial be knowing and voluntary, whereupon defendant clearly indicated that he had discussed this matter with counsel and that he wished to proceed to trial without a jury.


Summaries of

People v. Suarez

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1997
237 A.D.2d 134 (N.Y. App. Div. 1997)
Case details for

People v. Suarez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SUAREZ…

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

Date published: Mar 11, 1997

Citations

237 A.D.2d 134 (N.Y. App. Div. 1997)
655 N.Y.S.2d 354