PEOPLE v. LINZY


40 N.Y.2d 915 (1976)

The People of the State of New York, Respondent, v. Clemen Linzy, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1976.


Attorney(s) appearing for the Case

Arlington R. Gleckner for appellant.

D. Bruce Crew, III, District Attorney (Richard L. Parker of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.


Order affirmed. In view of uncontradicted assertions in the briefs concerning the granting of a severance only on condition of defendant waiving a jury trial, but absent support in the record, defendant's remedy is by motion to vacate the judgment under CPL 440.10 (subd 1, par [f]). In so holding the court, of course, expresses no view as to how such motion should...

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