Appellate Division of the Supreme Court of New York, 2011

People v. Bryant

Appellate Division of the Supreme Court of New York · Decided March 22, 2011

82 A.D.3d 1114; 919 N.Y.2d 341

Cases that cite this one

29 later published cases cite this decision. The 25 that cite it most often are listed here.

KAHLEY, DALE, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
People v. Kahley (Appellate Division of the Supreme Court of New York 2013)
People v. Kahley (Appellate Division of the Supreme Court of New York 2013)
People v. Whitfield (Appellate Division of the Supreme Court of New York 2020)
People v. Alcide (Appellate Division of the Supreme Court of New York 2012)
People v. Bryant (Appellate Division of the Supreme Court of New York 2018)
People v. Dotsenko (Appellate Division of the Supreme Court of New York 2017)
People v. Cruz (Appellate Division of the Supreme Court of New York 2016)
WILLIAMS, DEREK, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Williams (Appellate Division of the Supreme Court of New York 2015)
People v. Williams (Appellate Division of the Supreme Court of New York 2015)
ROBERITES, JESSE, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Pressley (Appellate Division of the Supreme Court of New York 2014)
People v. Pressley (Appellate Division of the Supreme Court of New York 2014)
People v. Roberites (Appellate Division of the Supreme Court of New York 2014)
People v. Roberites (Appellate Division of the Supreme Court of New York 2014)
People v. Santiago (Appellate Division of the Supreme Court of New York 2014)
People v. Santiago (Appellate Division of the Supreme Court of New York 2014)
People v. McGhee (Appellate Division of the Supreme Court of New York 2013)
People v. McGhee (Appellate Division of the Supreme Court of New York 2013)
People v. Brown (Appellate Division of the Supreme Court of New York 2013)
People v. Brown (Appellate Division of the Supreme Court of New York 2013)
People v. Gadson (Appellate Division of the Supreme Court of New York 2013)
People v. Gadson (Appellate Division of the Supreme Court of New York 2013)
People v. Bryant (Appellate Division of the Supreme Court of New York 2012)

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

The defendant’s contention that the Supreme Court’s procedure for handling two jury notes violated the procedure enunciated by the Court of Appeals in People v O’Rama (78 NY2d 270, 277-278 [1991]) is unpreserved for appellate review (see People v Ramirez, 15 NY3d 824 [2010]; People v Mateo, 53 AD3d 1111, 1112 [2008]; People v Battle, 15 AD3d 413, 414 [2005]; People v Mitchell, 2 AD3d 145, 148 [2003]; People v Neal, 268 AD2d 307 [2000]; People v Burgos, 248 AD2d 547 [1998]), and we decline to reach it in the exercise of our interest of justice jurisdiction. Since the jury merely requested readbacks of certain testimony and of the definitions of certain crimes, and to be provided with certain evidence, the alleged error did not constitute a mode of proceedings error which would obviate the preservation requirement (see People v Starling, 85 NY2d 509 [1995]; cf. People v Cook, 85 NY2d 928 [1995]).

*1115Additionally, contrary to the defendant’s contention, the fact that his codefendant received a lesser sentence following a plea of guilty does not render the defendant’s sentence excessive under the circumstances of this case (see People v Murad, 55 AD3d 754, 756 [2008]; People v Jones, 4 AD3d 796, 797 [2004]; cf. People v Versaggi, 296 AD2d 429, 430 [2002]). Dillon, J.E, Covello, Florio and Hall, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.