From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1992
186 A.D.2d 63 (N.Y. App. Div. 1992)

Opinion

September 22, 1992

Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).


Defendant was arrested after he robbed his sister at gunpoint in her bedroom of her hidden savings. She testified that, despite having a sizable bank account, she kept cash at home in anticipation of specific purchases. We find no abuse of discretion in the court ruling which precluded, as collateral, an inquiry into the victim's post-robbery saving habits (People v Schwartzman, 24 N.Y.2d 241, 244, cert denied 396 U.S. 846). Defendant's challenge to the timeliness of the waiver of jury trial is meritless. (People v Magnano, 158 A.D.2d 979, affd for reasons stated 77 N.Y.2d 941.) The commencement of trial by the selection of some jurors does not render the waiver untimely or otherwise improper (see, CPL 320.10; People v Jones, 178 A.D.2d 244, lv denied 79 N.Y.2d 1050; People v Caldwell, 107 Misc.2d 62, 65-66).

Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1992
186 A.D.2d 63 (N.Y. App. Div. 1992)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD RODRIGUEZ…

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

Date published: Sep 22, 1992

Citations

186 A.D.2d 63 (N.Y. App. Div. 1992)
588 N.Y.S.2d 148

Citing Cases

State v. Nicholson

A defendant's jury waiver will not be upheld unless it was knowingly, voluntarily, and intelligently made (…

People v. Williams

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be…