Summary
In People v Bacic (202 AD2d 234, lv denied 83 NY2d 1002), defendant appealed a trial court's decision to permit jurors to submit written questions so the court could determine whether such questions should be posed to a trial witness.
Summary of this case from People v. AulderOpinion
March 8, 1994
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
It was within the trial court's discretion to permit jurors to submit written questions of a witness, striking those it deemed improper and posing the rest to the witness (see, People v Wilds, 141 A.D.2d 395, 397), even if the purpose of the questions was to elicit facts overlooked by counsel (see, People v Knapper, 230 App. Div. 487, 492). Defendant's argument that these questions show that the jury commenced deliberations prematurely is unpreserved, defendant having failed to make a specific objection to this effect (People v. Fleming, 70 N.Y.2d 947), and, in any event, not supported by the record.
Defendant's act of slashing his wrist in court, after both sides rested, did not warrant a new CPL article 730 hearing to determine his competency to stand trial. Neither the People nor defense counsel requested such a hearing, and the court properly concluded defendant's behavior was coldly calculated behavior. Finally, defendant's claim that he received ineffective assistance of counsel cannot be evaluated on the record. His remedy for such a claim is a CPL 440.10 motion.
Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.