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People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 107 (N.Y. App. Div. 2002)

Opinion

1255

June 4, 2002.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered March 9, 1999, convicting defendant, after a jury trial, of robbery in the first and second degrees and attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years, 10 years and 10 years, respectively, unanimously affirmed.

ANDREW N. SACHER, for Respondent,

MELISSA ROTHSTEIN, for Defendant-appellant.

Williams, P.J., Saxe, Buckley, Sullivan, Ellerin, JJ.


Review of defendant's claim that he was denied his right to be present at robing room discussions with prospective jurors is precluded by the lack of a record establishing his absence (see, People v. Maher, 89 N.Y.2d 318, 325; People v. Hogan, 251 A.D.2d 43, lv denied 92 N.Y.2d 926; People v. Styles, 237 A.D.2d 206, lv denied 90 N.Y.2d 864). To the extent the record permits review, it indicates that defendant was present during the robing room conferences at issue.

We perceive no basis for a reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 107 (N.Y. App. Div. 2002)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RONALD FOSTER…

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

Date published: Jun 4, 2002

Citations

295 A.D.2d 107 (N.Y. App. Div. 2002)
742 N.Y.S.2d 819