People v. Buonincontri

Decision Date15 December 2005
Citation843 N.E.2d 1143,6 N.Y.3d 726
PartiesThe PEOPLE of the State of New York, Respondent, v. Nicole BUONINCONTRI, Appellant.
CourtNew York Court of Appeals Court of Appeals
MEMORANDUM.

The order of the Appellate Division should be affirmed. The defendant was informed on the record that she had the right to be present during questioning of a prospective juror concerning the ability to be fair and impartial. The Appellate Division properly determined that defendant failed to present an adequate record to overcome the presumption of regularity (see People v. Velasquez, 1 N.Y.3d 44, 48, 769 N.Y.S.2d 156, 801 N.E.2d 376 (2003)).

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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4 cases
  • People v. Flowers
    • United States
    • New York Supreme Court — Appellate Division
    • November 9, 2018
    ...888, 49 N.E.3d 1180 [2016] ; cf. People v. Buonincontri, 18 A.D.3d 569, 569, 795 N.Y.S.2d 101 [2d Dept. 2005], affd 6 N.Y.3d 726, 810 N.Y.S.2d 403, 843 N.E.2d 1143 [2005] ). We reject defendant's contention in his main brief that there was an insufficient foundation for the admission in evi......
  • People v. Wilson
    • United States
    • New York Supreme Court — Appellate Division
    • July 18, 2018
    ...v. Monroe, 30 A.D.3d 616, 618, 817 N.Y.S.2d 150 ; People v. Buonincontri, 18 A.D.3d 569, 570, 795 N.Y.S.2d 101, affd 6 N.Y.3d 726, 810 N.Y.S.2d 403, 843 N.E.2d 1143 ; People v. Hoover, 298 A.D.2d at 599, 750 N.Y.S.2d 304 ). Here, the court providently exercised its discretion in denying the......
  • People v. Delarosa
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2011
    ...592; People v. Parham, 74 A.D.3d 1237, 904 N.Y.S.2d 144; People v. Buonincontri, 18 A.D.3d 569, 795 N.Y.S.2d 101, affd. 6 N.Y.3d 726, 810 N.Y.S.2d 403, 843 N.E.2d 1143; People v. Hoover, 298 A.D.2d 599, 750 N.Y.S.2d 304). The sentence imposed was not excessive ( see People v. Suitte, 90 A.D......
  • People v. Miranda
    • United States
    • New York Supreme Court — Appellate Division
    • October 1, 2010
    ...Morgan, 24 A.D.3d at 953-954, 806 N.Y.S.2d 742; see also People v. Buonincontri, 18 A.D.3d 569, 795 N.Y.S.2d 101, affd. 6 N.Y.3d 726, 810 N.Y.S.2d 403, 843 N.E.2d 1143; Mendoza, 5 A.D.3d at 813-814, 773 N.Y.S.2d 152; see generally People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213......

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