From Casetext: Smarter Legal Research

People v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 720 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

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


Ordered that the judgment is affirmed.

The defendant was convicted, inter alia, of robbery in the first degree and robbery in the second degree after he and a codefendant, Shakim Harris, committed an armed robbery in a grocery store in Brooklyn (see, People v. Harris, 224 A.D.2d 712 [decided herewith]). We affirm the defendant's conviction.

The defendant contends that error was committed when his attorney was absent from a sidebar discussion between the court and a prospective juror, Beverly Samuels, after which Samuels was excused. However, because no transcript of the conversation between the court and Samuels was made and because defense counsel did not move to have the conversation reconstructed in any manner when he registered an untimely and pro forma objection thereto (cf., People v. Anderson, 223 A.D.2d 547), the record is insufficient to afford meaningful appellate review of this issue (see, People v. Jupiter, 210 A.D.2d 431; People v. Neal, 205 A.D.2d 711).

The indictment, as amplified by the bill of particulars and annexed exhibits, was not duplicitious (see, People v. Del Pilar, 177 A.D.2d 642).

Under the circumstances of this case, the defendant was not improperly denied his right to a free transcript of the suppression hearing minutes (cf., Matter of Eric W., 68 N.Y.2d 633).

We have examined the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Joy and Krausman, JJ., concur.


Summaries of

People v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 720 (N.Y. App. Div. 1996)
Case details for

People v. Morgan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MORGAN, Appellant

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 720 (N.Y. App. Div. 1996)
639 N.Y.S.2d 63

Citing Cases

People v. Forney

In that regard, Eric. W. has not been limited in the manner considered here. In particular, the trial which…

People v. Harris

Ordered that the judgment is affirmed. The defendant was convicted, inter alia, of robbery in the first…