People v. McPherson

Appellate Division of the Supreme Court of New York

People v. McPherson

256 A.D.2d 180, 681 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 14516

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

DecidedDecember 17, 1998

StatusPublished

Cited by1 cases

This text of 256 A.D.2d 180 (People v. McPherson) 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. McPherson, 256 A.D.2d 180, 681 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 14516 (N.Y. Ct. App. 1998).

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Opinion

—Order, Appellate Term of the State of New York, First Department (Parness, J. P., and Davis, J.; McCooe, J., dissenting), entered September 15, 1997, which affirmed an order of the Criminal Court of the City of New York, Bronx County (Megan Tallmer, J.), entered on or about July 11, 1996, imposing a sanction of $50 upon appellant attorney for failure to timely appear at a scheduled hearing, unanimously affirmed, without costs.

The sanction was properly imposed after appellant was given a reasonable opportunity to explain why he did not telephone the court or arrange for another attorney to advise the court of his lateness (see, Matter of Marcus v Bamberger, 180 AD2d 533; cf., Matter of Walsh v People, 206 AD2d 434). There is no indication that appellant could have offered any justification for this failure at a formal hearing. Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ. [See, 174 Misc 2d 948.]

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—Order, Appellate Term of the State of New York, First Department (Parness, J. P., and Davis, J.; McCooe, J., dissenting), entered September 15, 1997, which affirmed an order of the Criminal Court of the City of New York, Bronx County (Megan Tallmer, J.), entered on or about July 11, 1996, imposing a sanction of $50 upon appellant attorney for failure to timely appear at a scheduled hearing, unanimously affirmed, without costs.

The sanction was properly imposed after appellant was given a reasonable opportunity to explain why he did not telephone the court or arrange for another attorney to advise the court of his lateness (see, Matter of Marcus v Bamberger, 180 AD2d 533; cf., Matter of Walsh v People, 206 AD2d 434). There is no indication that appellant could have offered any justification for this failure at a formal hearing. Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ. [See, 174 Misc 2d 948.]

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Bluebook (online)

256 A.D.2d 180, 681 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 14516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcpherson-nyappdiv-1998.

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