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PEOPLE v. SMITH

6 N.Y.3d 827 (2006)

850 N.E.2d 622

817 N.Y.S.2d 575

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW SMITH, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (Paul J. Cambria, Jr., and Roger W. Wilcox, Jr., of counsel), for appellant.

David W. Foley, District Attorney, Mayville (Tracey A. Brunecz of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

After a bench trial, defendant was convicted of rape in the first degree and burglary in the second degree. Initially, defendant claims that his waiver of a jury trial did not comport with constitutional and statutory requisites (see NY Const, art I, § 2; CPL 320.10 [2]). The record indicates that defendant executed a written waiver of a jury trial...

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