PEOPLE v. MORENO


70 N.Y.2d 403 (1987)

The People of the State of New York, Respondent, v. Carlos Moreno, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1987.


Attorney(s) appearing for the Case

Alan S. Axelrod and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Billie Manning and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

A Judge, who during pretrial adjudication acquires information inadmissible before the fact finder of guilt or innocence, is not legally disqualified from conducting a bench trial which defendant chose based on a fully informed waiver of the jury trial right.

Defendant and two accomplices were indicted for offenses arising from a robbery of a Bronx service station during which an attendant...

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