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People v. Rolon

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1988
145 A.D.2d 658 (N.Y. App. Div. 1988)

Opinion

December 30, 1988

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's pretrial motions for a Wade hearing. There was no identification procedure employed by the police in this case, and, therefore, no need for a Wade hearing (see, People v Dukes, 97 A.D.2d 445; see also, People v Thompson, 129 A.D.2d 655).

The defendant's claim that the trial court unduly interfered in the proceedings is not preserved for appellate review as a matter of law (see, People v Charleston, 56 N.Y.2d 886; People v Dickson, 112 A.D.2d 312). In any event, because the trial court's questioning of the witnesses was designed to clarify confusing testimony and facilitate the orderly and expeditious progress of the trial, there was no prejudice to the defendant (People v Yut Wai Tom, 53 N.Y.2d 44).

We also reject the defendant's contention that he was denied the effective assistance of counsel. The defense counsel made appropriate pretrial motions, presented cogent opening and closing arguments, conducted extensive cross-examination of the People's witnesses and raised appropriate objections (see, People v Satterfield, 66 N.Y.2d 796; People v Baldi, 54 N.Y.2d 137). The defendant was, therefore, afforded meaningful representation.

We decline to disturb the sentence imposed upon the defendant as it was within the bounds of the applicable sentencing statute and not excessive (see, People v Farrar, 52 N.Y.2d 302; People v Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be unpreserved for appellate review and, in any event, without merit. Thompson, J.P., Rubin, Spatt and Balletta, JJ., concur.


Summaries of

People v. Rolon

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1988
145 A.D.2d 658 (N.Y. App. Div. 1988)
Case details for

People v. Rolon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL ROLON, Appellant

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

Date published: Dec 30, 1988

Citations

145 A.D.2d 658 (N.Y. App. Div. 1988)

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