From Casetext: Smarter Legal Research

People v. Yamyle

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1994
208 A.D.2d 466 (N.Y. App. Div. 1994)

Opinion

October 27, 1994

Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).


A review of the lineup photograph indicates that defendant's shirt was not so conspicuous, or dissimilar in appearance to shirts worn by the fillers, as to call undue attention to defendant (see, People v. Torres, 182 A.D.2d 587, lv denied 80 N.Y.2d 897).

Defendant failed to preserve his current claim that his waiver of a jury trial was not knowing and intelligent (CPL 470.05; People v. Magnano, 158 A.D.2d 979, affd 77 N.Y.2d 941, cert denied 502 U.S. 864). In any event, the record indicates that the trial court properly accepted defendant's written waiver executed in open court, after duly advising defendant in connection with his right to a trial by jury, considering defendant's own explanation for the waiver, and accepting defense counsel's advice that he had repeatedly discussed the waiver with defendant, who was adamant in his choice to waive a jury trial.

After hearing arguments of the parties, and noting the already considerable delay in the case, the competence of assigned counsel and the "absolutely baseless" nature of defendant's complaints, the trial court appropriately exercised its discretion in denying defendant's mid-trial request for a second substitution of assigned counsel (see, People v Sides, 75 N.Y.2d 822).

Concur — Sullivan, J.P., Carro, Kupferman, Nardelli and Tom, JJ.


Summaries of

People v. Yamyle

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1994
208 A.D.2d 466 (N.Y. App. Div. 1994)
Case details for

People v. Yamyle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOISES YAMYLE…

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

Date published: Oct 27, 1994

Citations

208 A.D.2d 466 (N.Y. App. Div. 1994)
617 N.Y.S.2d 329

Citing Cases

People v. Soyouzov

Further, it is clear from the record that the defendant made a knowing and intelligent waiver of his right to…

People v. Culley

Defendant's conduct had no reasonable explanation other than his guilt on auto stripping. Defendant's claims…