People v. Boisseau

Appellate Division of the Supreme Court of New York

People v. Boisseau

193 A.D.2d 517, 598 N.Y.S.2d 454, 1993 N.Y. App. Div. LEXIS 5118

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 20, 1993

StatusPublished

Cited by4 cases

This text of 193 A.D.2d 517 (People v. Boisseau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boisseau, 193 A.D.2d 517, 598 N.Y.S.2d 454, 1993 N.Y. App. Div. LEXIS 5118 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered February 28, 1992, convicting defendant, after a nonjury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vz to 7 years, unanimously affirmed.

While the trial court should have announced its intention to consider lesser included offenses prior to the commencement of summations (CPL 300.10 [4]), the error was rendered harmless by the opportunity given defense counsel to begin his [518]*518summation anew after the charge conference. Indeed, asked by the court if he needed additional time to prepare his summation because of the submission of lesser included offenses, defense counsel stated that he did not, and that his argument would remain basically the same (see, People v Trail, 172 AD2d 320, 320-321, lv denied 78 NY2d 975). Defendant’s argument that he was not provided with Rosario material is without merit, since the material in question was duplicated by other material turned over to defendant, and, moreover, was not prepared by a witness for the prosecution. Concur—Rosenberger, J. P., Kupferman, Asch and Rubin, JJ.

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Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered February 28, 1992, convicting defendant, after a nonjury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vz to 7 years, unanimously affirmed.

While the trial court should have announced its intention to consider lesser included offenses prior to the commencement of summations (CPL 300.10 [4]), the error was rendered harmless by the opportunity given defense counsel to begin his [518]*518summation anew after the charge conference. Indeed, asked by the court if he needed additional time to prepare his summation because of the submission of lesser included offenses, defense counsel stated that he did not, and that his argument would remain basically the same (see, People v Trail, 172 AD2d 320, 320-321, lv denied 78 NY2d 975). Defendant’s argument that he was not provided with Rosario material is without merit, since the material in question was duplicated by other material turned over to defendant, and, moreover, was not prepared by a witness for the prosecution. Concur—Rosenberger, J. P., Kupferman, Asch and Rubin, JJ.

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Bluebook (online)

193 A.D.2d 517, 598 N.Y.S.2d 454, 1993 N.Y. App. Div. LEXIS 5118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boisseau-nyappdiv-1993.

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