People v. Burlew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, the record does not demonstrate that he was absent from the courtroom during his trial (see, People v Pichardo, 168 AD2d 577, lv denied 77 NY2d 965). Defendant failed to preserve for our review his contention that County Court erred in failing to give cautionary instructions regarding note-taking by jurors (see, CPL 470.05 [2]; People v Buccola, 175 AD2d 601, lv denied 78 NY2d 1010), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL…
2Cases cited6 opinions
- People v. McgowenNew York Court of Appeals · 1977
- People v. PichardoAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BuccolaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. QuesnelAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by3 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2008
- People v. SyrellAppellate Division of the Supreme Court of the State of New York · 2007
- People v. DonaldAppellate Division of the Supreme Court of the State of New York · 2004