People v. Henry
Cases that cite this one
5 later published cases cite this decision.
- Vega v. Fischer (District Court, S.D. New York 2006)
- People v. Farrow (Appellate Division of the Supreme Court of New York 2023)
- People v. Mack (Appellate Division of the Supreme Court of New York 2022)
- Seaberg v. North Shore Lincoln-Mercury, Inc. (Appellate Division of the Supreme Court of New York 2011)
- People v. Jackson (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On the totality of the record before us, we find that defendant received meaningful representation (see People v Ben
The court properly refused to allow defendant to refresh the arresting officer’s recollection regarding his route of pursuit of defendant by means of a data sheet that an Assistant District Attorney had prepared after interviewing a different officer, since the arresting officer at no time indicated that he needed his recollection refreshed on this subject. The court also properly refused to allow defense counsel to recall the other officer for purposes of establishing that the arresting officer had made a prior inconsistent statement, since it was never established that the arresting officer spoke with the other officer about the chase route prior to the preparation of the data sheet. Accordingly, defendant failed to lay the proper foundation for introducing the alleged prior inconsistent statement (see People v Wise, 46 NY2d 321, 326; see also People v Duncan, 46 NY2d 74, 80-81, cert denied 442 US 910). In any event, these rulings could not have deprived defendant of his right to confront witnesses and present a defense.
We decline to exercise our interest of justice jurisdiction to dismiss the noninclusory concurrent count (see People v Spence, 290 AD2d 223, 224, Iv denied 97 NY2d 734; People v Kulakov, 278 AD2d 519, Iv denied 96 NY2d 785).
We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Saxe, Buckley, Ellerin and Marlow, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.