People v. Garcia

2 Citing cases

  1. People v. Knoxsah

    94 A.D.3d 1505 (N.Y. App. Div. 2012)   Cited 6 times

    Although defendant was not required to preserve for our review the contention that she was denied the right to counsel ( see People v. Kinchen, 60 N.Y.2d 772, 773, 469 N.Y.S.2d 680, 457 N.E.2d 786; People v. Harvey, 70 A.D.3d 1454, 1455, 894 N.Y.S.2d 622, lv. denied 15 N.Y.3d 750, 906 N.Y.S.2d 823, 933 N.E.2d 222), we nevertheless conclude that it is without merit. The postplea return on warrant appearance was not a “critical stage of the proceeding” ( People v. Chapman, 69 N.Y.2d 497, 500, 516 N.Y.S.2d 159, 508 N.E.2d 894), and thus the absence of defense counsel did not constitute a deprivation of defendant's rights ( see generally People v. Garcia, 247 A.D.2d 549, 668 N.Y.S.2d 919, affd. 92 N.Y.2d 726, 685 N.Y.S.2d 919, 708 N.E.2d 992, cert. denied 528 U.S. 845, 120 S.Ct. 117, 145 L.Ed.2d 99; People v. Bogan, 78 A.D.3d 855, 855, 911 N.Y.S.2d 166, lv. denied 16 N.Y.3d 742, 917 N.Y.S.2d 623, 942 N.E.2d 1048; People v. Blas, 192 A.D.2d 540, 540, 596 N.Y.S.2d 438, lv. denied 82 N.Y.2d 751, 603 N.Y.S.2d 992, 624 N.E.2d 178). Defendant further contends that County Court improperly issued a bench warrant based upon her failure to appear for a probation interview and improperly held her without bail pending sentencing upon her rearrest.

  2. People v. Curtis

    1 A.D.3d 446 (N.Y. App. Div. 2003)   Cited 1 times

    The defendant's contentions either are unpreserved for appellate review ( see People v. Curry, 301 A.D.2d 658; People v. Owens, 294 A.D.2d 603) or waived pursuant to the terms of his negotiated plea agreement ( see People v. Hidalgo, 91 N.Y.2d 733). In any event, his contentions are without merit ( see People v. Garcia, 247 A.D.2d 549, affd 92 N.Y.2d 726, cert denied 528 U.S. 845; People v. Johnson, 254 A.D.2d 49). RITTER, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.