From Casetext: Smarter Legal Research

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 474 (N.Y. App. Div. 1996)

Opinion

March 26, 1996

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).


Defendant's claim that the court failed to comply with the notice requirements of CPL 310.30 is unpreserved as a matter of law, defendant having failed to object to the court's failure to disclose the note's contents, which requested a rereading of portions of the charge, until the jury had returned to the courtroom, or to object to the court's response to the note ( People v Starling, 85 N.Y.2d 509, 516). Concerning the note to which the court did not respond at all, it was received at approximately 5:30 P.M., on the second day of deliberations, and simply stated that the jury was deadlocked. A half-hour later, while the court was still in the process of convening the parties to notify them of the contents of that note, the jury sent out another note indicating that it had reached a verdict. Given the timing of the notes and the fact that the 5:30 note did not seek any specific instruction, there is no merit to defendant's contention that the court's failure to provide the jury with supplemental instructions coerced the verdict. Concerning the Sandoval ruling, the fact that the instant case involves possession of a weapon did not make the mere mention of a prior misdemeanor conviction, also involving a weapon, unduly prejudicial ( People v Ellis, 183 A.D.2d 534, 535, affd 81 N.Y.2d 854).

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 474 (N.Y. App. Div. 1996)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO MARTINEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1996

Citations

225 A.D.2d 474 (N.Y. App. Div. 1996)
639 N.Y.S.2d 380

Citing Cases

People v. Scarpello

At 3:00 P.M., the court informed defendant and the attorneys that it had received the first note while on the…

People v. Rivera

Appeal from the Supreme Court, Bronx County (Efrain Alvarado, J.). Defendant's claim of error is unpreserved…