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People v. Samuels

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2005
24 A.D.3d 1287 (N.Y. App. Div. 2005)

Opinion

KA 05-01690.

December 22, 2005.

Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 10, 1998. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree.

Present: Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16), defendant contends that reversal is required based on County Court's failure to inform defense counsel of the contents of a jury note before summoning the jury to the courtroom in order to respond to the note. The record establishes that the court read the note in open court before responding to it, thereby giving defendant and defense counsel notice of the contents of the note. "[D]efense counsel's failure to object at a time when the court could have corrected the alleged error renders defendant's contention unpreserved for our review" ( People v. Parker, 304 AD2d 146, 159, lv denied 100 NY2d 585; see generally People v. Starling, 85 NY2d 509, 516). Finally, the sentence is not unduly harsh or severe.


Summaries of

People v. Samuels

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2005
24 A.D.3d 1287 (N.Y. App. Div. 2005)
Case details for

People v. Samuels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAHSAAN M. SAMUELS…

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

Date published: Dec 22, 2005

Citations

24 A.D.3d 1287 (N.Y. App. Div. 2005)
808 N.Y.S.2d 845

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