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People v. Pena

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1997
243 A.D.2d 337 (N.Y. App. Div. 1997)

Opinion

October 21, 1997

Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).


Defendant's claim that he was excluded from a robing room conference is unreviewable because he did not meet his obligation to insure that a proper record is created to permit appellate review ( People v. Kinchen, 60 N.Y.2d 772; People v. Moe, 227 A.D.2d 253, lv denied 88 N.Y.2d 968; People v. Noble, 227 A.D.2d 238, lv denied 88 N.Y.2d 991; compare, People v. Monclavo, 87 N.Y.2d 1029). Moreover, the court reporter's notation relied upon by defendant fails to establish defendant's absence, when the notation is read in the context of the entire voir dire record along with the reasonable inferences that may be drawn therefrom ( see, People v Moe, supra; People v. Rivera, 225 A.D.2d 360, lv denied 88 N.Y.2d 941; People v. Brown, 221 A.D.2d 160, lv denied 87 N.Y.2d 898).

Concur — Milonas, J.P., Rubin, Mazzarelli and Andrias, JJ.


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1997
243 A.D.2d 337 (N.Y. App. Div. 1997)
Case details for

People v. Pena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BIENVENIDO PENA…

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

Date published: Oct 21, 1997

Citations

243 A.D.2d 337 (N.Y. App. Div. 1997)
664 N.Y.S.2d 541

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