From Casetext: Smarter Legal Research

People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1991
173 A.D.2d 977 (N.Y. App. Div. 1991)

Opinion

May 9, 1991

Appeal from the County Court of Ulster County (Vogt, J.).


Even if it is accepted that the issue was properly preserved for review, we are of the view that the Trial Judge did not abuse his discretion in denying defendant's request for an adjournment and that his decision to continue with the summations and jury charge while lying in a hospital bed did not constitute reversible error (see, People v Singleton, 41 N.Y.2d 402, 405; People v Critzer, 97 A.D.2d 878). The record offers no support for defendant's claim that the procedure created a circus-like atmosphere or that the jurors were distracted or failed to pay close attention to the substance of the jury charge. Defendant's remaining contentions have been considered and found to be similarly lacking in merit.

Judgment affirmed. Casey, J.P., Weiss, Mikoll, Levine and Crew III, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1991
173 A.D.2d 977 (N.Y. App. Div. 1991)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TORRES, Appellant

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

Date published: May 9, 1991

Citations

173 A.D.2d 977 (N.Y. App. Div. 1991)
569 N.Y.S.2d 485

Citing Cases

People v. Ebert

Defendant's claim that she was denied due process by County Court's failure to adjourn the violation hearing…