PEOPLE v. ADGER

1453 KA 10-00859.

156 A.D.3d 1458 (2017)

66 N.Y.S.3d 584

2017 NY Slip Op 09049

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD ADGER, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 22, 2017.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, following a bench trial, of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). Defendant contends that his waiver of the right to a jury trial was invalid inasmuch as Supreme Court failed to conduct an adequate allocution to determine whether the waiver was voluntary, knowing, and intelligent. Because defendant...

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