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PEOPLE v. CONNOR

63 N.Y.2d 11 (1984)

The People of the State of New York, Respondent, v. Jerry Connor, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1984.

Attorney(s) appearing for the Case

Mary R. Falk and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney (Karen M. Wigle and Barbara D. Underwood of counsel), for respondent.

Judges JASEN, MEYER and KAYE concur with Judge JONES; Chief Judge COOKE dissents and votes to reverse in a separate opinion in which Judges WACHTLER and SIMONS concur.

JONES, J.

Where a defendant represented by counsel has expressly waived the reading of his rights required by CPL 170.10 (subd 4, par [d]), including the reading of his right under CPL 170.65 (subds 1, 3) to be prosecuted upon an information, and thereafter proceeds through preparation for trial and trial on a misdemeanor complaint without raising objection thereto, he may be deemed to have waived prosecution...

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