Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentFeb 13, 1996
224 A.D.2d 269 (N.Y. App. Div. 1996)
224 A.D.2d 269637 N.Y.S.2d 724

Cases citing this case

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February 13, 1996

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).

Defendant's claim that he was denied a fair trial as a result of the Trial Judge's admonitions to his counsel was not preserved for appellate review by appropriate objections or a motion for a mistrial ( People v. Charleston, 56 N.Y.2d 886), and in any event is without merit. The Judge's comments were necessitated by the conduct of defense counsel ( People v. Gonzalez, 38 N.Y.2d 208). Defendant was not denied his right to counsel when his attorney absented himself during a portion of the court's charge, with defendant's express consent on the record, during which time counsel for a codefendant agreed to protect defendant's interests. Defendant has not demonstrated a significant possibility that a conflict of interest existed that operated to his detriment and bore a substantial relation to the conduct of his defense ( People v. Recupero, 73 N.Y.2d 877, 879). In fact, defendant is unable to point to any portion of the court's charge that his counsel might have challenged had he been present.

Defendant's argument that his challenge to the search warrant issued for his apartment should be remanded for a hearing pursuant to People v. Seychel ( 136 Misc.2d 310) is without merit since such hearing was in fact held, and the procedure followed was approved in People v. Castillo ( 80 N.Y.2d 578, 586, cert denied 507 U.S. 1033). We perceive no abuse of discretion in sentencing.

Concur — Wallach, J.P., Nardelli, Williams and Mazzarelli, JJ.

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