People v. People
| Decision Date | 29 January 1996 |
| Citation | 223 A.D.2d 732,637 N.Y.S.2d 204 |
| Parties | The PEOPLE, etc., Respondent, v. Alfred PEOPLE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Daniel L. Greenberg, New York City (Bryan Lonegan, of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie, Gary Fidel, and William R. Horwitz, of counsel), for respondent.
Before ROSENBLATT, J.P., and O'BRIEN, PIZZUTO and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered April 11, 1994, convicting him of rape in the first degree, sexual abuse in the first degree, and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant signed a written document stating that he waived his right to be present at sidebar discussions with prospective jurors, that he had a full opportunity to discuss this matter with his attorney and that he had signed the waiver "in open court, in the presence of this Court, and with the approval of this Court and with the advice and consent of his attorney". The document was also signed by the court and by defense counsel. Accordingly, the defendant's contention that he did not voluntarily, knowingly and intelligently waive his right to be present during sidebar conferences with prospective jurors is without merit (see, e.g., People v. McGee, 208 A.D.2d 388, 618 N.Y.S.2d 204; see also, People v. Epps, 37 N.Y.2d 343, 349-350, 372 N.Y.S.2d 606, 334 N.E.2d 566, cert. denied 423 U.S. 999, 96 S.Ct. 430, 46 L.Ed.2d 374).
Contrary to the defendant's contention, the remarks by the prosecutor were fair comment on the evidence and constituted legitimate responses to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885; see also, People v. Ashwal, 39 N.Y.2d 105, 383 N.Y.S.2d 204, 347 N.E.2d 564).
To continue reading
Request your trial
-
People v. Lepczynski
...and that he agreed to waive his right to be present (see, People v. Rivera [Luis], 237 A.D.2d 539, 656 N.Y.S.2d 894; People v. People, 223 A.D.2d 732, 637 N.Y.S.2d 204; People v. Thomas, 221 A.D.2d 388, 633 N.Y.S.2d 351; People v. McGee, 214 A.D.2d 587, 625 N.Y.S.2d The defendant's sentence......
-
People v. Tappin
...from sidebar discussions during voir dire (see, People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95; People v. People, 223 A.D.2d 732, 637 N.Y.S.2d 204). The defendant, after discussing the matter with his attorney, signed a waiver stating that he was advised of his rights ......
-
People v. Smith
...with his attorney, that he had been informed of his right to be present, and that he wished to give up that right (see, People v. People, 223 A.D.2d 732, 637 N.Y.S.2d 204; People v. McGee, 214 A.D.2d 587, 625 N.Y.S.2d Upon resentencing the defendant, the court should not have disturbed the ......
-
People v. People
...644 N.Y.S.2d 698 88 N.Y.2d 851, 667 N.E.2d 348 People v. Alfred People Court of Appeals of New York Apr 01, 1996 Bellacosa, J. 223 A.D.2d 732, 637 N.Y.S.2d 204 App.Div. 2, Queens Denied. ...