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  5. 51 N.Y.2d 986 (1980)
 

PEOPLE v. JOHNSON

51 N.Y.2d 986 (1980)

The People of the State of New York, Respondent, v. Handy Johnson, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

Bennett M. Lincoff and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Kenneth R. Larywon and Timothy J. McGinn of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue raised with respect to the procedure followed in approving the appellant's waiver of jury trial was not preserved for review (CPL 470.05, subd 2). Moreover, quite apart from the lack of preservation, there is nothing on this record to afford a basis for determination of the question now raised for the first time. As the People correctly...

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