PEOPLE v. DAVIDSON


136 A.D.2d 66 (1988)

The People of the State of New York, Respondent, v. James Davidson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 1988


Attorney(s) appearing for the Case

Snitow & Pauley (Franklyn D. Snitow of counsel), for appellant.

John J. Santucci, District Attorney (Ivan Vogel and Gary Fidel of counsel), for respondent.

LAWRENCE, J. P., KUNZEMAN and SPATT, JJ., concur.


KOOPER, J.

On this appeal from the denial of the defendant's motion pursuant to CPL 440.10 (1) (h), we are called upon to determine whether a written jury waiver instrument was executed in conformity with applicable constitutional and statutory requisites (see, NY Const, art I, § 2; CPL 320.10 [2]). For the reasons that follow, we conclude that the circumstances surrounding the execution of the jury...

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