People v. Massey

Appellate Division of the Supreme Court of New York

People v. Massey

196 A.D.2d 772, 602 N.Y.S.2d 105, 1993 N.Y. App. Div. LEXIS 8791

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

DecidedSeptember 28, 1993

StatusPublished

This text of 196 A.D.2d 772 (People v. Massey) 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. Massey, 196 A.D.2d 772, 602 N.Y.S.2d 105, 1993 N.Y. App. Div. LEXIS 8791 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered December 10, 1991, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s presence was not required at the off-the-record bench conference called by the court at the end of a suppression hearing in order to schedule the next court session, since it did not involve factual matters about which the defendant might have peculiar knowledge that would be useful in advancing his cause or countering the People’s position (see, People v Dokes, 79 NY2d 656, 660; People v Morales, 80 NY2d 450, 456-457). Concur—Carro, J. P., Ellerin, Wallach and Ross, JJ.

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Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered December 10, 1991, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s presence was not required at the off-the-record bench conference called by the court at the end of a suppression hearing in order to schedule the next court session, since it did not involve factual matters about which the defendant might have peculiar knowledge that would be useful in advancing his cause or countering the People’s position (see, People v Dokes, 79 NY2d 656, 660; People v Morales, 80 NY2d 450, 456-457). Concur—Carro, J. P., Ellerin, Wallach and Ross, JJ.

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Bluebook (online)

196 A.D.2d 772, 602 N.Y.S.2d 105, 1993 N.Y. App. Div. LEXIS 8791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-massey-nyappdiv-1993.

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