People v. Serrano

• Decision Date: 24 August 1998
• Citation: 253 A.D.2d 531,676 N.Y.S.2d 882
• Parties: 1998 N.Y. Slip Op. 7497 The PEOPLE, etc., Respondent, v. Alfredo SERRANO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 882

676 N.Y.S.2d 882

1998 N.Y. Slip Op. 7497

The PEOPLE, etc., Respondent, v. Alfredo SERRANO, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Aug. 24, 1998.

M. Sue Wycoff, New York, N.Y. (Henry R. Deutsch of counsel), for appellant.

Appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Emil Bricker of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered April 27, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant argues that the court's actions during the trial, including repeatedly admonishing defense counsel in the jury's presence, deprived him of a fair trial. We disagree. The record clearly shows that the court's actions were provoked by defense counsel's persistent misconduct in disregarding the court's evidentiary rulings, and in arguing with the court over its rulings. Where a defense counsel engages in tactics which are designed to disrupt the court, the defendant may not, absent other circumstances, successfully allege he was deprived of a fair trial (see, People v. Cephas, 207 A.D.2d 903, 616 N.Y.S.2d 668; People v. Troy, 162 A.D.2d 744, 557 N.Y.S.2d 134).

The defendant's remaining contentions, including those raised on his pro se supplemental brief, are without merit.

MANGANO, P.J., and COPERTINO, JOY and FLORIO, JJ., concur.