Public-domain · open source
OpenJurist

122 A.D.2d 162

People v. Hale

Appellate Division of the Supreme Court of the State of New York · decided 1986-07-14

Cited by 1 later decisions — most recently October 1999

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-14

View the full empirical analysis of this case →

¶1— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered March 20, 1984, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which sought the suppression of identification testimony.

¶2Judgment affirmed.

¶3On cross-examination the prosecutor improperly attempted to invade the attorney-client relationship by asking the defen*163dant whether he had discussed with his attorney the idea of wearing sneakers into court. Whatever minimal prejudice might have arisen was alleviated by the court’s sustaining of defense counsel’s objection before the defendant could answer, and by its prompt curative instructions. Moreover, if the defendant believed that the curative instructions which were given were inadequate, he should have immediately made an application seeking further or more complete instructions (see, People v Santiago, 52 NY2d 865).

¶4The remainder of the defendant’s contentions, including his pro se claims, have been examined and found to be without merit or unpreserved. Niehoff, J. P., Rubin, Eiber and Hooper, JJ., concur.

/122/ad2d/162 · .json · Public domain