From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 783 (N.Y. App. Div. 1992)

Opinion

May 11, 1992

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


Ordered that the judgment is affirmed.

The defendant was arrested in a "buy and bust" operation after selling heroin to an undercover police officer. On appeal, the defendant asserts, inter alia, that the trial court impermissibly interjected itself into the proceedings and that he was denied the effective assistance of counsel.

The defendant's contention that the trial court impermissibly intervened was not preserved for appellate review (see, CPL 470.05; People v. Charleston, 56 N.Y.2d 886). In any event, the court's comments do not warrant a reversal of the conviction in view of the overwhelming evidence of guilt (see, People v. Yut Wai Tom, 53 N.Y.2d 44).

Further, contrary to the defendant's pro se claim that his trial counsel was ineffective, the defendant was afforded meaningful representation (see, People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Brown, 175 A.D.2d 210).

In addition, although the court should not have admitted into evidence the statement the defendant made to the Criminal Justice Agency, this error was harmless in light of the overwhelming evidence of guilt (see, People v. Crimmins, 36 N.Y.2d 230, 241-242).

Finally, we have reviewed the sentence and find that it is not excessive (see, People v. Suitte, 90 A.D.2d 80). Harwood, J.P., Balletta, Lawrence and Santucci, JJ., concur.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 783 (N.Y. App. Div. 1992)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERIBERTO GONZALEZ…

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

Date published: May 11, 1992

Citations

183 A.D.2d 783 (N.Y. App. Div. 1992)
583 N.Y.S.2d 512

Citing Cases

People v. Townsend

The defendant's previous convictions were probative in evaluating his credibility, and thus the court's…

People v. Orsini

On appeal, the defendant argues that the court intervened in the parole violation hearing to an unwarranted…