People v. Esquilin

Appellate Division of the Supreme Court of New York

People v. Esquilin

236 A.D.2d 231, 653 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 900

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

DecidedFebruary 6, 1997

StatusPublished

Cited by2 cases

This text of 236 A.D.2d 231 (People v. Esquilin) 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. Esquilin, 236 A.D.2d 231, 653 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 900 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Harold Silverman,'J.), rendered March 5, 1993, convicting defendant, after a jury trial, of two counts of manslaughter in the first degree, and sentencing him to consecutive terms of 81/3 to 25 years, unanimously affirmed.

Where a testifying witness gave unexpected and damaging responses, the prosecutor was properly permitted to confer with him privately since the court employed safeguards which "allowed the People a chance to rehabilitate their case to some extent, yet fully protected both defendant’s right to cross-examination and the jury’s authority to make informed determinations as to facts and credibility” (People v Branch, 83 NY2d 663, 667). Defendant received the effective assistance of counsel, who had no basis to complain about the numerous safeguards implemented by the court and who was able to obtain an acquittal on second-degree murder charges where the People offered strong, corroborated eyewitness testimony detailing a brutal, double execution-style drug murder (People v Baldi, 54 NY2d 137). Defendant’s remaining contentions are unpreserved and without merit. Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (Harold Silverman,'J.), rendered March 5, 1993, convicting defendant, after a jury trial, of two counts of manslaughter in the first degree, and sentencing him to consecutive terms of 81/3 to 25 years, unanimously affirmed.

Where a testifying witness gave unexpected and damaging responses, the prosecutor was properly permitted to confer with him privately since the court employed safeguards which "allowed the People a chance to rehabilitate their case to some extent, yet fully protected both defendant’s right to cross-examination and the jury’s authority to make informed determinations as to facts and credibility” (People v Branch, 83 NY2d 663, 667). Defendant received the effective assistance of counsel, who had no basis to complain about the numerous safeguards implemented by the court and who was able to obtain an acquittal on second-degree murder charges where the People offered strong, corroborated eyewitness testimony detailing a brutal, double execution-style drug murder (People v Baldi, 54 NY2d 137). Defendant’s remaining contentions are unpreserved and without merit. Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

236 A.D.2d 231, 653 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-esquilin-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack