New York Court of Appeals, 1980

People v. Johnson

New York Court of Appeals · Decided November 20, 1980 · Cooke, Jasen, Gabrielli, Jones, Wachtler, Fuchsberg, Meyer

51 N.Y.2d 986; 416 N.E.2d 1048; 435 N.Y.S.2d 713; 1980 N.Y. LEXIS 2814

Cases that cite this one

66 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Brown (Appellate Division of the Supreme Court of New York 2011)
People v. Bradford (Appellate Division of the Supreme Court of New York 2011)
People v. Felton (Appellate Division of the Supreme Court of New York 2001)
People v. Garcia (Appellate Division of the Supreme Court of New York 2000)
Franza v. Stinson (District Court, S.D. New York 1999)
People v. Aponte (Appellate Division of the Supreme Court of New York 1988)
People v. Hasper (Appellate Division of the Supreme Court of New York 2026)
People v. Anonymous (Appellate Division of the Supreme Court of New York 2025)
People v. Maharaj (Appellate Division of the Supreme Court of New York 2024)
Sistrunk v. Towns (District Court, S.D. New York 2024)
People v. Sanchez (Appellate Division of the Supreme Court of New York 2022)
People v. Vazquez (Appellate Division of the Supreme Court of New York 2022)
People v. Sistrunk (Appellate Division of the Supreme Court of New York 2022)
People v. De Leon Garcia (Simon) (Appellate Terms of the Supreme Court of New York 2022)
People v. Barkat (Hany) (Appellate Terms of the Supreme Court of New York 2022)
People v. Saladeen (Appellate Division of the Supreme Court of New York 2021)
People v. Jones (Appellate Division of the Supreme Court of New York 2020)
People v. Hussain (Appellate Division of the Supreme Court of New York 2020)
People v. Wingate (Appellate Division of the Supreme Court of New York 2020)
People v. Lopez (Appellate Division of the Supreme Court of New York 2019)
People v. Hosannah (Appellate Division of the Supreme Court of New York 2019)
Ballinger v. Miller (District Court, E.D. New York 2019)
People v. Young (Appellate Division of the Supreme Court of New York 2018)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2018)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2018)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue raised with respect to the procedure followed in approving the appellant’s waiver of jury trial was not preserved for review (CPL 470.05, subd 2). Moreover, quite apart from the lack of preservation, there is nothing on this record to afford a basis for determination of the question now raised for the first time. As the People correctly *988 argue, the appellant’s present claim that his participation in the waiver was not knowing and voluntary implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10. That course was not pursued.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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