People v. O'Kane

2 Citing cases

  1. People v. Omar

    2024 N.Y. Slip Op. 51598 (N.Y. App. Term 2024)

    Nor does the record indicate that the witness was within the court's jurisdiction. Counsel believed the witness relocated to Egypt, was unable to locate her and did not know whether she was in Egypt or the United States (see People v Foy, 32 N.Y.3d 473; People v O'Kane, 237 A.D.2d 205, 206 [1997], lv denied 90 N.Y.2d 896 [1997]; People v Sepulveda, 176 A.D.2d 196, 197 [1991], lv denied 79 N.Y.2d 864 [1992]). Given the vague nature of counsel's knowledge of the witness's whereabouts, the court was given no reason to believe that counsel would be able to locate her (see People v Acevedo, 295 A.D.2d 141 [2002], lv denied 98 N.Y.2d 766 [2002]).

  2. People v. Lack

    299 A.D.2d 872 (N.Y. App. Div. 2002)   Cited 5 times

    Defendant failed to preserve for our review his contention that the court's response to the jury's request for a readback of the testimony was inadequate ( see People v. Virgil, 266 A.D.2d 847, lv denied 94 N.Y.2d 886). In any event, "the court appropriately advised the jurors to narrow their request for readback" ( People v. O'Kane, 237 A.D.2d 205, 206, lv denied 90 N.Y.2d 896) and "clearly conveyed its willingness to abide by the requests of the jury" ( People v. Deoleo, 295 A.D.2d 623, 623; see People v. Cottrel, 275 A.D.2d 644, lv denied 96 N.Y.2d 733). Based on the evidence, the law and the circumstances of this case, viewed in totality and as of the time of the representation, we conclude that defendant received meaningful representation from his third trial attorney ( see generally People v. Baldi, 54 N.Y.2d 137, 147). Defendant has failed to preserve for our review his contention that the conviction of attempted kidnapping in the second degree (Penal Law ยง 110.00, 135.20) is based on legally insufficient evidence ( see People v. Gray, 86 N.Y.2d 10, 19).