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PEOPLE v. ELLIOTT

282 A.D.2d 756 (2001)

724 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEEWARD ELLIOTT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.

Ordered that the judgment is affirmed.

The defendant, indicted for, inter alia, murder in the first degree and murder in the second degree, waived his right to a jury trial pursuant to CPL 320.10. After a nonjury trial, he was convicted of murder in the second degree and manslaughter in the first degree. The defendant now argues that the trial court was without authority to approve the waiver under CPL 320.10. However...

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