From Casetext: Smarter Legal Research

People v. Soto

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1994
210 A.D.2d 5 (N.Y. App. Div. 1994)

Opinion

December 1, 1994

Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).


Defense counsel's omission to request a bill of particulars did not deprive defendant of effective assistance of counsel, since the 23-day time span set forth in the indictment was, in view of the tender ages of the victims, sufficient to give defendant adequate notice of the rape and sodomy charges against him (see, People v Bass, 179 A.D.2d 568, lv denied 79 N.Y.2d 997; Matter of Jermaine B., 180 A.D.2d 607), and defendant's claim that counsel was otherwise ineffective is without merit (see, People v Flores, 84 N.Y.2d 184).

Defendant's claim of improper interference by the trial court is unpreserved for appellate review as a matter of law (People v Howard, 192 A.D.2d 303, lv denied 81 N.Y.2d 1074), and we decline to review it in the interest of justice. Were we to review it, we would find that the court's suggestion to the prosecutor that she should reopen her direct examination, was properly made to clarify ambiguous testimony by the victims' mother (see, People v De Jesus, 42 N.Y.2d 519, 523), and that the court's participation was not otherwise an abuse of discretion.

Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.


Summaries of

People v. Soto

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1994
210 A.D.2d 5 (N.Y. App. Div. 1994)
Case details for

People v. Soto

Case Details

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

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

Date published: Dec 1, 1994

Citations

210 A.D.2d 5 (N.Y. App. Div. 1994)
618 N.Y.S.2d 811

Citing Cases

People v. Williams

Contrary to defendant's further contention, the court did not improperly assume the function of an advocate…

People v. Medina

Defendant's claim that the court improperly assisted the prosecutor during the suppression hearing is not…