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PEOPLE v. MUHAMMAD

No. 22 SSM 27.

34 N.Y.3d 1152 (2020)

142 N.E.3d 660

119 N.Y.S.3d 768

2020 NY Slip Op 00180

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZHAKARIYYA MUHAMMAD, Appellant.

Court of Appeals of New York.

Decided January 9, 2020.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( John T. Hughes and Vincent Rivellese of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

"[T]he question of a defendant's implied consensual relinquishment or waiver of important procedural rights is a factual question in which the findings of the lower court must be upheld if there is any support in the record for that conclusion" (People v Brown, 90 N.Y.2d 872, 874 [1997] [internal quotation marks omitted...

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