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People v. Abreu

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 2002
293 A.D.2d 300 (N.Y. App. Div. 2002)

Opinion

534

April 9, 2002.

Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered January 5, 1999, convicting defendant, after a jury trial, of robbery in the first degree (three counts) and burglary in the first degree, and sentencing him, as a second violent felony offender, to three concurrent terms of 25 years on the robbery convictions consecutive to a term of 10 years on the burglary conviction, unanimously affirmed.

ALLEN H. SAPERSTEIN, for respondent.

ANTHONY R. DELLICARRI, for defendant-appellant.

Before: Tom, J.P., Mazzarelli, Rosenberger, Wallach, Marlow, JJ.


The record establishes that defendant voluntarily, knowingly and intelligently waived his right to be present at sidebar conferences with prospective jurors (see, People v. Vargas, 88 N.Y.2d 363) and that the court's statement to defendant regarding the disadvantages of attending sidebar conferences occurred after defendant placed his statement of waiver on the record for the first time and clearly did not affect the voluntariness of the waiver (see, People v. McLean, 246 A.D.2d 445, 446,lv denied 91 N.Y.2d 975).

Viewing the record as a whole, we conclude that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714). Contrary to defendant's argument on appeal, his trial counsel pursued a reasonable strategy and presented an effective defense to the prosecution's identification testimony.

The court properly imposed consecutive sentences for the burglary and the robberies defendant committed on the premises because the burglary was complete once defendant entered with the intent to commit a crime (People v. Lee, 92 N.Y.2d 987).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Abreu

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 2002
293 A.D.2d 300 (N.Y. App. Div. 2002)
Case details for

People v. Abreu

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RENE ABREU…

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

Date published: Apr 9, 2002

Citations

293 A.D.2d 300 (N.Y. App. Div. 2002)
739 N.Y.S.2d 570

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