The following excerpt is from People v. Elliot, 157 Misc.2d 148, 596 N.Y.S.2d 662 (N.Y. City Ct. 1993):
Fundamental rights may be waived but only pursuant to a knowing, voluntary or intelligent waiver. People v. Cannady, 127 Misc.2d 783, 487 N.Y.S.2d 294 (2d Dept.1985).
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