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People v. Suarez

237 A.D.2d 134 Court N.Y. App. Div. Decision date 1997-03-11 English

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p. 134
(March 11, 1997)
The People of the State of New York, Respondent, v Robert Suarez, Appellant.
[655 NYS2d 354]

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered June 7, 1994, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Defendant’s claim that his waiver of a jury trial was not knowing and voluntary is unpreserved and without merit (People v Tamarez, 213 AD2d 261 , 262, lv denied 85 NY2d 981 ). The court emphasized to defendant the importance of jury trials and the requirement that any waiver of the right to a jury trial be knowing and voluntary, whereupon defendant clearly indicated that he had discussed this matter with counsel and that he wished to proceed to trial without a jury. Concur— Murphy, P. J., Williams, Tom and Mazzarelli, JJ.