New York Court of Appeals, 1976

People v. Linzy

People v. Linzy
New York Court of Appeals · Decided October 28, 1976
40 N.Y.2d 915; 357 N.E.2d 1021; 389 N.Y.S.2d 366; 1976 N.Y. LEXIS 3084

People v. Linzy

Opinion of the Court

Order affirmed. In view of uncontradicted assertions in the briefs concerning the granting of a severance only on condition of defendant waiving a jury trial, but absent support in the record, defendant’s remedy is by motion to vacate the judgment under CPL 440.10 (subd 1, par [f]). In so holding the court, of course, expresses no view as to how such motion should be decided.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.