People v. Perez

• Decision Date: 07 October 1999
• Citation: 696 N.Y.S.2d 433
• Parties: The PEOPLE of the State of New York, Respondent, v. Carlos PEREZ, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 433

696 N.Y.S.2d 433

The PEOPLE of the State of New York, Respondent, v. Carlos PEREZ, Defendant-Appellant.

Supreme Court, Appellate Division, First Department, New York.

Oct. 7, 1999.

Ashley G. Marsh, for Respondent.

Jonathan Garelick, for Defendant-Appellant.

ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER and FRIEDMAN, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered January 27, 1991, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8 to 24 years, unanimously affirmed.

After properly permitting defendant to impeach his own witness through her prior testimony given in a related Family Court proceeding (see, CPL 60.35), the court properly exercised its discretion in refusing to permit defendant to place in evidence the transcript of the prior testimony, in light of the fact that defense counsel thoroughly examined the witness on the inconsistency between her prior and trial testimony (see, People v. Piazza, 48 N.Y.2d 151, 164-165, 422 N.Y.S.2d 9, 397 N.E.2d 700).

The totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his right to be present at the relevant robing room conferences with prospective jurors (see, People v. Brown, 256 A.D.2d 92, 682 N.Y.S.2d 572).