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People v. Pearson

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2000
271 A.D.2d 203 (N.Y. App. Div. 2000)

Opinion

April 4, 2000.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered March 12, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.

Penny Rosenberg, for Respondent.

Vida M. Alvy, for Defendant-Appellant.

SULLIVAN, P.J., NARDELLI, TOM, MAZZARELLI, WALLACH, JJ.


Defendant's claim that he was deprived of his right against self-incrimination by a comment by the court concerning his right to testify is not exempt from the requirement of preservation, since there was no unambiguous comment on defendant's failure to testify (see, People v. Burke, 72 N.Y.2d 833, 836; People v. Simmons, 258 A.D.2d 297, lv denied 93 N.Y.2d 902), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the court's comments following defendant's outburst served as an appropriate reminder that defendant would not be permitted to give, in effect, unsworn testimony from the defense table (see, United States v. Robinson, 485 U.S. 25, 32).

Defendant's remaining contentions are unpreserved (People v. Buckley, 75 N.Y.2d 843), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

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


Summaries of

People v. Pearson

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2000
271 A.D.2d 203 (N.Y. App. Div. 2000)
Case details for

People v. Pearson

Case Details

Full title:The People of the State of New York, Respondent, v. Roderick Pearson…

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

Date published: Apr 4, 2000

Citations

271 A.D.2d 203 (N.Y. App. Div. 2000)
706 N.Y.S.2d 37

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