People v. Riley
Opinion of the Court
The court properly exercised its discretion when it declined to grant a six-day adjournment, in the midst of a relatively short trial, so that defendant could call a police officer to whom the
While defendant complains on appeal about several interchanges between the court and trial counsel, the only issue that defendant has even arguably preserved is a claim that the court interfered with his cross-examination of a witness. However, the court’s participation was very brief and inconsequential (compare People v Raosto, 50 AD3d 508, 509 [2008]). Defendant’s other claims about the court’s conduct are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find that the court’s remarks directed to defense counsel were not prejudicial.
At the close of the People’s case, the court provided a suitable opportunity for a conference between defense counsel and defendant about whether defendant would testify on his own behalf, and it properly exercised its discretion in declining to excuse the jury during the conference. Counsel never asked for any particular amount of time to confer, or suggested he was being rushed. Counsel merely asked for an opportunity to confer in private, but he was able to converse with his client out of earshot of the jury, and there is no indication in the record that this procedure was unsatisfactory. Furthermore, counsel had already received ample opportunity during the trial to confer with
The constitutional aspects of each of the above-discussed claims are unpreserved (see e.g. People v Lane, 7 NY3d 888, 889 [2006]; People v Green, 27 AD3d 231, 233 [2006], lv denied 6 NY3d 894 [2006]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. Concur—Tom, J.P., Saxe, Catterson, Moskowitz and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.