People v. Boothe

• Decision Date: 28 February 1977
• Citation: 56 A.D.2d 657,392 N.Y.S.2d 47
• Parties: The PEOPLE, etc., Respondent, v. Michael BOOTHE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 47

392 N.Y.S.2d 47

56 A.D.2d 657

The PEOPLE, etc., Respondent, v. Michael BOOTHE, Appellant.

Supreme Court, Appellate Division, Second Department.

Feb. 28, 1977.

William E. Hellerstein and William J. Gallagher, New York City (Susan A. Powers, New York City, of counsel), for appellant, and appellant pro se.

Eugene Gold, Dist. Atty., Brooklyn (Suzan Picariello, Brooklyn, of counsel), for respondent.

Before RABIN, Acting P.J., and SHAPIRO, TITONE and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 19, 1974, convicting him of robbery in the first degree, grand larceny in the third degree, assault in the first degree (2 counts) and possession of a weapon, etc., as a felony, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant cannot be heard to complain about the trial court's direction that he be gagged, since his continued boisterous and disorderly conduct made that procedure the only possible way in which the trial could be continued.