New York Court of Appeals

The People of the State of New York v. Raymond Ford, Respondent the People of the State of New York v. Gordon…

May 15, 198462 N.Y.2d 275

Summary

The Court held that a trial court’s failure to object to the submission of a lesser offense that is not a true lesser included offense is waivable under CPL 300.50 and not a jurisdictional defect, affirming convictions in Simpson and Williams, but reversing the Appellate Division in Ford, reinstating the indictment and remanding for further proceedings.