From Casetext: Smarter Legal Research

People v. Santos

Appellate Division of the Supreme Court of New York, First Department
May 27, 1993
193 A.D.2d 560 (N.Y. App. Div. 1993)

Opinion

May 27, 1993

Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).


Counsel's acquiescence in the court's suggestion that, in the face of defendant's having absconded, a court officer be directed to inform the deliberating jury that their request for information as to defendant's height was not contained in the record, manifested counsel's consent to the procedure. Defendant's present challenge to the procedure is unpreserved for review and we decline to review it in the interest of justice. Were we to review, we would find the challenge without merit in view of the fact that defendant absconded, that the court officer did not convey substantive information from the record, and that we can perceive no prejudice to defendant.

Concur — Murphy, P.J., Milonas, Kupferman, Ross and Nardelli, JJ.


Summaries of

People v. Santos

Appellate Division of the Supreme Court of New York, First Department
May 27, 1993
193 A.D.2d 560 (N.Y. App. Div. 1993)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SANTOS, Appellant

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

Date published: May 27, 1993

Citations

193 A.D.2d 560 (N.Y. App. Div. 1993)
598 N.Y.S.2d 471

Citing Cases

People v. Sterling

Appeal from the Supreme Court, Bronx County (Frank Diaz, J.). Defendant's voluntary acquiescence in the…

People v. Mancini

As such, the court did not err in refusing to give a missing witness instruction. Counsel's failure to object…