People v. Bussey

• Decision Date: 14 July 1992
• Citation: 587 N.Y.S.2d 883,185 A.D.2d 685
• Parties: PEOPLE of the State of New York, Respondent, v. Marcine BUSSEY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 883

587 N.Y.S.2d 883

185 A.D.2d 685

PEOPLE of the State of New York, Respondent, v. Marcine BUSSEY, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

July 14, 1992

Gerald T. Barth, Syracuse, for appellant. William J. Fitzpatrick by Gary Kelder, Syracuse, for respondent.

Judgment unanimously affirmed. Memorandum: None of defendant's arguments on appeal from his conviction of manslaughter in the first degree warrants reversal. County Court did not abuse its discretion in denying defense counsel an adjournment of the Huntley hearing for the purpose of producing testimony concerning defendant's mental state. Defense counsel had ample opportunity before the hearing to obtain the services of a psychologist or psychiatrist. Moreover, defendant failed to show that he was prejudiced by the failure to adjourn the hearing. He was examined by a psychologist and a psychiatrist who testified at the trial and there is no indication that those experts could have presented any evidence germane to the Huntley hearing. The court's charge on intent did not violate the rule in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (see, People v. Getch, 50 N.Y.2d 456, 465, 429 N.Y.S.2d 579, 407 N.E.2d 425). Defendant failed to preserve for review the errors in the court's charge on reasonable doubt (see, People v. Jackson, 76 N.Y.2d 908, 563 N.Y.S.2d 42, 564 N.E.2d 652; People v. Price, 144 A.D.2d 1013, 535 N.Y.S.2d 281, lv. denied 73 N.Y.2d 895, 538 N.Y.S.2d 807, 535 N.E.2d 1347). By not objecting to the charge of assault in the third degree as a lesser included offense of attempted murder, defendant waived his right to complain of the trial court's error ( see, People v. Ford, 62 N.Y.2d 275, 476 N.Y.S.2d 783, 465 N.E.2d 322). Defendant's remaining arguments lack merit. (Appeal from Judgment of Onondaga County Court, Cunningham, J.--Manslaughter, 1st Degree.)

BOOMER, J.P., and GREEN, BALIO, BOEHM and FALLON, JJ., concur.