[DOWNLOAD] "People State New York v. Jose Clariot" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Jose Clariot
• Author : Supreme Court of New York
• Release Date : January 01, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered July 27, 1989, convicting defendant, after a jury
trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony of fender to
a term of 5 1/2 to 11 years, unanimously affirmed. Defendant's claim that the trial court did not properly exercise its discretion in declining to have the defense summation
read into the record at the jury's request is unpreserved for appellate review as a matter of law (People v. Velasco, 77 N.Y.2d
469, 474). Were we to review the claim in the interest of justice, we would find it to be without merit. It is well settled
that declining to read back a summation is not an abuse of discretion (People v. Sullivan, 160 A.D.2d 161, 163, lv denied
76 N.Y.2d 991). Defendant's claim that the court did not give him "meaningful notice" of the jury's request prior to recalling
the jury is also unpreserved for appellate review. (CPL 470.05). Moreover, since an adequate record on this subject does not
exist, appellate review is precluded (People v. Charleston, 54 N.Y.2d 622); in any event, defendant's contention that the
trial court failed to follow the procedures suggested in People v. O'Rama, (78 N.Y.2d 270, 277-278) is not supported by the
record.

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