New York Court of Appeals, 1981

People v. McQueen

New York Court of Appeals · Decided February 24, 1981

52 N.Y.2d 1025; 420 N.E.2d 97; 438 N.Y.S.2d 299; 1981 N.Y. LEXIS 2254

Cases that cite this one

14 later published cases cite this decision.

Marquez v. State (Tex. Crim. App. 1996)
Maye v. State (Miss. Ct. App. 2009)
People v. Miller (New York Supreme Court 1990)
People v. Cox (Appellate Division of the Supreme Court of New York 2020)
People v. McMillian (Appellate Division of the Supreme Court of New York 2018)
People v. Hakim (Appellate Division of the Supreme Court of New York 2001)
People v. Wilson (Appellate Division of the Supreme Court of New York 2000)
People v. White (Appellate Division of the Supreme Court of New York 1999)
People v. Forbes (Appellate Division of the Supreme Court of New York 1998)
People v. Anderson (Appellate Division of the Supreme Court of New York 1995)
People v. Johnson (Appellate Division of the Supreme Court of New York 1990)
People v. Watson (Appellate Division of the Supreme Court of New York 1990)
People v. Davidson (Appellate Division of the Supreme Court of New York 1988)
People v. Basora (Appellate Division of the Supreme Court of New York 1985)

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 of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant, having been advised by counsel, and after thorough and appropriate inquiry by, the court to ascertain that his waiver of his right to a jury trial was knowingly and voluntarily made, elected to proceed without a jury and executed a waiver of that right.

The prosecutor, expecting to proceed with the voir dire, had excused the complaining witness and, therefore, the case was adjourned to the next day. On the next day, however, defense counsel advised the court that the defendant *1026had changed his mind and without giving any other reason requested that the waiver be vacated. The court refused his request and under these circumstances, we cannot say as a matter of law that the court abused its discretion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Waghtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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