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PEOPLE v. SANCHEZ

Ind. No. 3524/14. Appeal No. 15146. Case No. 2018-5627.

201 A.D.3d 599 (2022)

160 N.Y.S.3d 247

2022 NY Slip Op 00514

The People of the State of New York, Respondent, v. Elvis Sanchez, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 27, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson, Office of the Appellate Defender, New York (Katrina Jean Myers of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.

Defendant, who signed a valid jury waiver in open court, did not preserve his challenge to the court's inquiry into the voluntariness of his waiver (see People v Johnson, 51 N.Y.2d 986 [1980]), and we decline to review it in the interest of justice. As an alternative holding, we find that defendant made a knowing, intelligent and voluntary waiver after an appropriate inquiry (see People v Smith, 6 N.Y.3d 827...

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