People v. Felton

Appellate Division of the Supreme Court of New York

People v. Felton

279 A.D.2d 331, 718 N.Y.S.2d 843, 2001 N.Y. App. Div. LEXIS 402

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

DecidedJanuary 16, 2001

StatusPublished

Cited by5 cases

This text of 279 A.D.2d 331 (People v. Felton) 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. Felton, 279 A.D.2d 331, 718 N.Y.S.2d 843, 2001 N.Y. App. Div. LEXIS 402 (N.Y. Ct. App. 2001).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered August 30, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 21/s to 7 years, unanimously affirmed.

Defendant’s claim that the trial court failed to conduct an adequate inquiry to determine whether his consent to the substitution of an alternate juror during deliberations was knowing and voluntary is a claim requiring preservation (People v Johnson, 51 NY2d 986), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that a knowing and voluntary waiver may be inferred from the fact that the court ascertained that defendant conferred with his counsel prior to signing a written consent in open court in conformance with CPL 270.35 (1). The assertion that defendant’s “participation in the waiver was not knowing and voluntary implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10” (People v Johnson, supra, at 988).

We perceive no basis for reduction of sentence. The court properly exercised its discretion in denying defendant’s request for youthful offender status. Concur — Nardelli, J. P., Williams, Tom, Wallach and Friedman, 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 August 30, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 21/s to 7 years, unanimously affirmed.

Defendant’s claim that the trial court failed to conduct an adequate inquiry to determine whether his consent to the substitution of an alternate juror during deliberations was knowing and voluntary is a claim requiring preservation (People v Johnson, 51 NY2d 986), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that a knowing and voluntary waiver may be inferred from the fact that the court ascertained that defendant conferred with his counsel prior to signing a written consent in open court in conformance with CPL 270.35 (1). The assertion that defendant’s “participation in the waiver was not knowing and voluntary implicates his relationship with his trial attorney and is to be proved, if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10” (People v Johnson, supra, at 988).

We perceive no basis for reduction of sentence. The court properly exercised its discretion in denying defendant’s request for youthful offender status. Concur — Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

279 A.D.2d 331, 718 N.Y.S.2d 843, 2001 N.Y. App. Div. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felton-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack