People v. Finger

Appellate Division of the Supreme Court of New York

People v. Finger

304 A.D.2d 431, 757 N.Y.S.2d 436, 2003 N.Y. App. Div. LEXIS 4165

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

DecidedApril 17, 2003

StatusPublished

This text of 304 A.D.2d 431 (People v. Finger) 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. Finger, 304 A.D.2d 431, 757 N.Y.S.2d 436, 2003 N.Y. App. Div. LEXIS 4165 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 19, 1999, convicting defendant, after a jury trial, of assault in the second degree, escape in the second degree and criminal mischief in the fourth degree, and sentencing him, as a second violent felony offender, to consecutive terms of three years and 2 to 4 years to run concurrently with a term of one year, unanimously affirmed.

The court was not required to conduct a “searching inquiry” since defendant did not proceed pro se, but merely participated in the defense of his case by cross-examining, or conducting a portion of the cross-examination of, a few of the prosecution witnesses (see People v Cabassa, 79 NY2d 722, 730-731 [1992], cert denied sub nom. Lind v New York, 506 US 1011 [1992]; People v Johnson, 251 AD2d 183 [1998], lv denied 92 NY2d 950 [432]*432[1998]; People v Timmons, 199 AD2d 8 [1993], lv denied 83 NY2d 811 [1994]). The court’s warning that defendant would be better served by having counsel conduct the entire defense sufficed to protect defendant’s interests. Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 19, 1999, convicting defendant, after a jury trial, of assault in the second degree, escape in the second degree and criminal mischief in the fourth degree, and sentencing him, as a second violent felony offender, to consecutive terms of three years and 2 to 4 years to run concurrently with a term of one year, unanimously affirmed.

The court was not required to conduct a “searching inquiry” since defendant did not proceed pro se, but merely participated in the defense of his case by cross-examining, or conducting a portion of the cross-examination of, a few of the prosecution witnesses (see People v Cabassa, 79 NY2d 722, 730-731 [1992], cert denied sub nom. Lind v New York, 506 US 1011 [1992]; People v Johnson, 251 AD2d 183 [1998], lv denied 92 NY2d 950 [432]*432[1998]; People v Timmons, 199 AD2d 8 [1993], lv denied 83 NY2d 811 [1994]). The court’s warning that defendant would be better served by having counsel conduct the entire defense sufficed to protect defendant’s interests. Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

304 A.D.2d 431, 757 N.Y.S.2d 436, 2003 N.Y. App. Div. LEXIS 4165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-finger-nyappdiv-2003.

Opinion

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