(DOWNLOAD) "People v. Gay" by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts " Book PDF Kindle ePub Free
eBook details
- Title: People v. Gay
- Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
- Release Date : January 02, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Although defendant contends on appeal that the prosecutors reduction of the charge of menacing in the second degree (Penal Law § 120.14 [1]), a class A misdemeanor, to menacing in the third degree (Penal Law § 120.15), a class B misdemeanor, immediately prior to trial, deprived him of his right to a jury trial (CPL 340.40 [2]), nowhere in the record did defense counsel object to the reduction of the menacing charge. He therefore failed to preserve this issue for appellate review (CPL 470.05 [2]). In any event, said reduction was not, in and of itself, prejudicial to the defendant (see People v Williams, NYLJ, Mar. 25, 1975 [App Term, 2d & 11th Jud Dists]; see also People v Burke, 186 Misc 2d 278 [Crim Ct, Kings County 2000]; People v Byrd, 124 Misc 2d 987 [Crim Ct, Kings County 1984]; cf. People v Potter, 172 Misc 2d 409 [Crim Ct, Bronx County 1997]; People v Rodriguez, 124 Misc 2d 393 [Crim Ct, Bronx County 1984]).
 "People v. Gay" by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts " Book PDF Kindle ePub Free){kind=link}