People v. Timmons

Appellate Division of the Supreme Court of New York

People v. Timmons

199 A.D.2d 8, 604 N.Y.S.2d 99, 1993 N.Y. App. Div. LEXIS 11211

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

DecidedDecember 2, 1993

StatusPublished

Cited by4 cases

This text of 199 A.D.2d 8 (People v. Timmons) 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. Timmons, 199 A.D.2d 8, 604 N.Y.S.2d 99, 1993 N.Y. App. Div. LEXIS 11211 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Joan Carey, J.), rendered April 30, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 4ti to 9 years and 2V2 to 5 years, respectively, unanimously affirmed.

Since defendant did not proceed "pro se”, but merely "participated” in his defense to the extent of conducting a portion of the cross-examination of one of the People’s witnesses, there was no relinquishment of the right to counsel and thus no need for the court to have inquired of defendant whether he appreciated the risks of self-representation (People v Cabassa, 79 NY2d 722, 730-731, cert denied sub nom. Lind v New York, — US —, 113 S Ct 633).

Defendant’s other contention that the sworn juror was replaced over his objection misconstrues the record as showing that he objected to the disqualification. To the contrary, the record shows that defendant actually sought the disqualification when his motion for a mistrial, based on the juror’s unavailability for continued service, was denied. Concur—Ellerin, J. P., Wallach, Kupferman and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Joan Carey, J.), rendered April 30, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 4ti to 9 years and 2V2 to 5 years, respectively, unanimously affirmed.

Since defendant did not proceed "pro se”, but merely "participated” in his defense to the extent of conducting a portion of the cross-examination of one of the People’s witnesses, there was no relinquishment of the right to counsel and thus no need for the court to have inquired of defendant whether he appreciated the risks of self-representation (People v Cabassa, 79 NY2d 722, 730-731, cert denied sub nom. Lind v New York, — US —, 113 S Ct 633).

Defendant’s other contention that the sworn juror was replaced over his objection misconstrues the record as showing that he objected to the disqualification. To the contrary, the record shows that defendant actually sought the disqualification when his motion for a mistrial, based on the juror’s unavailability for continued service, was denied. Concur—Ellerin, J. P., Wallach, Kupferman and Nardelli, JJ.

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Bluebook (online)

199 A.D.2d 8, 604 N.Y.S.2d 99, 1993 N.Y. App. Div. LEXIS 11211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-timmons-nyappdiv-1993.

Opinion

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