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People v. Lin

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 319 (N.Y. App. Div. 1997)

Opinion

June 24, 1997

Appeal from Supreme Court, New York County (Bonnie Wittner, J.).


Defendant expressly waived his present claim that, without making any inquiry, the court improperly permitted continued deliberations by a juror who had allegedly been asleep during portions of the trial, since defendant urged the court to make no inquiry, and took the position that the juror had not actually been sleeping ( see, People v. Glover, 237 A.D.2d 104). Contrary to the position newly taken by defendant on appeal, we find that the existing record does not establish that the juror slept during any part of the trial.

The existing record reveals that the defendant received effective assistance of counsel ( People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, 54 N.Y.2d 137, 146; see also, People v Hobot, 84 N.Y.2d 1021).

We perceive no abuse of sentencing discretion.

Concur — Ellerin, J.P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.


Summaries of

People v. Lin

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 319 (N.Y. App. Div. 1997)
Case details for

People v. Lin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHAN LIN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1997

Citations

240 A.D.2d 319 (N.Y. App. Div. 1997)
659 N.Y.S.2d 261

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