AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE JACKSON, JR., Appellant. (Appeal No. 1.).

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him following a nonjury trial on stipulated facts of two counts of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [b]). In appeal No. 2, defendant appeals from a judgment convicting him following the same nonjury trial of bribing a witness (§ 215.00). We reject the contention of defendant concerning the alleged invalidity of his waiver of the right to appeal. Defendant executed a written waiver of the right to appeal, and the record establishes that the waiver was knowing, voluntary, and intelligent ( see People v. Johnston, 17 AD3d 1103, lv denied 5 AD3d 829). That waiver encompasses defendant's contention regarding the severity of the sentences imposed in each appeal ( see People v. Lococo, 92 NY2d 825, 827) and, in addition, encompasses defendant's contention concerning the alleged error of County Court in conducting a bench trial on stipulated facts. Defendant specifically requested a bench trial on stipulated facts in exchange for an agreed-upon sentence, and he waived his right to appeal with respect to proceeding in that manner. In any event, there is no error in conducting a bench trial on stipulated facts ( see People v. Harler, 296 AD2d 712, 713; People v. Boateng, 246 AD2d 749, 749-750, lv denied 91 NY2d 970).

Defendant failed to preserve for our review his further contention that his waiver of the right to a jury trial was not knowing, intelligent, and voluntary ( see People v. Staples, 19 AD3d 1096, lv denied 5 NY3d 810; People v. Williams, 5 AD3d 1043, 1044, lv denied 2 NY3d 809). That contention is without merit in any event because defendant's waiver of the right to a jury trial was both in writing and executed in open court ( see NY Const, art I, § 2; CPL 320.10; Staples, 19 AD3d at 1096-1097), and "the record establishes that defendant's waiver was knowing, voluntary and intelligent" ( People v. Wegman, 2 AD3d 1333, 1334, lv denied 2 NY3d 747). Defendant also failed to preserve for our review his contentions concerning the court's failure to advise him that he was subject to a period of postrelease supervision and that he was subject to registration under the Sex Offender Registration Act (Correction Law § 168 et seq.; see People v. Ginter, 23 AD3d 1064), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Finally, contrary to the contention of defendant, he received effective assistance of counsel ( see generally People v. Baldi, 54 NY2d 137, 147).

Use AI to get other relevant cases.

Comments

PEOPLE v. JACKSON
(Feb 3, 2006)