Judgment and orders affirmed.
Appellant contends, inter alia, that he was denied a full opportunity to defend by the prosecution's failure to make an opening statement (citing Code Crim. Pro. § 388, subd. 1). The cited statute by its terms applies to jury trials. In such trials, the opening is mandatory and cannot be waived (People v. McLaughlin, 291 N.Y. 480). A different situation is presented in nonjury trials. There, an opening is not necessary...
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