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People v. Howard

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 775 (N.Y. App. Div. 1978)

Opinion

November 13, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 7, 1977, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Though defendant had moved to sever and for four separate trials in connection with an indictment charging him with four robberies involving one person, the failure to renew this motion after the Wade hearing, coupled with a free and voluntary guilty plea, constituted a waiver of any defect or prejudice occasioned by denial of the motion to sever made prior to the Wade hearing (see People v La Ruffa, 34 N.Y.2d 242; cf. People v Forest, 50 A.D.2d 260). Mollen, P.J., Martuscello, Rabin and Gulotta, JJ., concur.


Summaries of

People v. Howard

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 775 (N.Y. App. Div. 1978)
Case details for

People v. Howard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERMAN HOWARD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1978

Citations

65 A.D.2d 775 (N.Y. App. Div. 1978)

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