Appellate Division of the Supreme Court of New York, 1980

People v. Thomas

Appellate Division of the Supreme Court of New York · Decided March 11, 1980 · Birns, Fein

74 A.D.2d 772; 426 N.Y.S.2d 1004; 1980 N.Y. App. Div. LEXIS 10504

Opinion of the Court

Judgment, Supreme Court, Bronx County, rendered on July 27, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). Concur — Sullivan, Markewich and Lupiano, JJ.

Concurring Opinion

Birns, J. P., and Fein, J.,

concur on constraint of People v Johnson (72 AD2d 689), as to jury waiver. No opinion.

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