Legal Opinion

People v. Ricketts

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 2008PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marras, J.), rendered December 9, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A criminal defendant has a constitutional and statutory right to be present at all material stages of the trial (see People v Rolle, 4 AD3d 542 [2004]). A defendant, however, must provide an adequate record for determining whether he or she was wrongfully excluded from a material stage of the trial (see People v Borzouye, 265 AD2d 419 [1999]; People v…

2Cases cited7 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. RolleAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. VanegasAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. BorzouyeAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by1 opinion

  1. People v. TetraultAppellate Division of the Supreme Court of the State of New York · 2008

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