From Casetext: Smarter Legal Research

People v. Mays

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 535 (N.Y. App. Div. 1992)

Opinion

November 9, 1992

Appeal from the Supreme Court, Kings County (Moskowitz, J.).


Ordered that the judgment is affirmed.

The defendant asserts that his right to counsel was violated when, upon being returned to the State on a bench warrant issued in connection with a prior robbery case upon which he was ultimately sentenced in absentia while represented by counsel, law enforcement officials questioned him and obtained both oral and videotaped statements concerning the instant crimes. As the Court of Appeals in People v Harris ( 79 N.Y.2d 909) held, however, a criminal defendant who is sentenced in absentia while represented by counsel does not have a right to counsel for the subsequent execution of sentence. Accordingly, no derivative right to counsel existed at the time the statements were made concerning the instant case, and the hearing court properly denied suppression.

The defendant also contends that the trial court improperly permitted the prosecutor to question him in detail about a prior conviction for sexual misconduct, which the court had initially ruled, after a Sandoval hearing, would not be the subject of questioning. However, during the course of his direct and cross-examination, the defendant placed his character and past conduct toward women in issue by testifying, in substance, that his personal attitudes and standards regarding the treatment of women precluded him from engaging in the type of conduct alleged during the trial. Accordingly, the trial court did not err in ruling that the defendant had "`opened the door'" to limited questioning about the sexual misconduct case (see, CPL 60.40; People v Julien, 182 A.D.2d 642; People v Delancey, 173 A.D.2d 838; People v Rios, 166 A.D.2d 616).

Finally, the defendant's challenges to the prosecutor's conduct during the trial are largely unpreserved for appellate review. In any event, the prosecutor's conduct did not serve to compromise the defendant's right to a fair trial. Lawrence, J.P., Eiber, O'Brien and Copertino, JJ., concur.


Summaries of

People v. Mays

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 535 (N.Y. App. Div. 1992)
Case details for

People v. Mays

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MAYS, Appellant

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

Date published: Nov 9, 1992

Citations

187 A.D.2d 535 (N.Y. App. Div. 1992)
589 N.Y.S.2d 922

Citing Cases

People v. Snyder

The People may not elicit a general statement by asking questions that violate the Sandoval ruling for the…

People v. Mays

June 28, 1999 Application by the appellant for a writ of error coram nobis to vacate, on the ground of…