(Download) "People State New York v. Falon Davis" by Supreme Court of New York # Book PDF Kindle ePub Free

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Title: People State New York v. Falon Davis
Author : Supreme Court of New York
Release Date : January 17, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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Judgment, Supreme Court, New York County (Richard Failla, J.), rendered June 10, 1991, convicting defendant, after jury trial,
of one count of robbery in the first degree and two counts of robbery in the second degree, and sentencing him, as a second
violent felony offender, to concurrent terms of 9 to 18 years and 6 to 12 years, respectively, to run consecutively to another
term of 6 to 12 years, unanimously affirmed. Defendant's participation with co-defendant in two violent muggings was established by overwhelming evidence. Defendant's
bolstering claims are unpreserved for review as a matter of law (People v. Gonzalez, 55 N.Y.2d 720, 722, 447 N.Y.S.2d 145,
431 N.E.2d 630, cert denied 456 U.S. 1010), and we decline to review in the interest of justice. If we were to review, we
would find that even if the officer's testimony that co-defendant "fit the description" did implicitly bolster the eyewitness
identification, such was harmless in view of the overwhelming evidence of guilt. Concerning defendant's absence from the charge
conference, the record clearly shows that his attorney, in his presence, specifically waived his right to be present thereat,
that defendant acknowledged this waiver, and that the court, both at the time of the waiver as well as prior to the conference,
specifically stated, without objection, that defendant had personally waived his right to be present. In other words, there
was a knowing, voluntary and intelligent waiver of the right to be present (see, e.g., People v. Martinez, 179 A.D.2d 519,
520, 579 N.Y.S.2d 343, lv denied 79 N.Y.2d 1003; People v. Peterson, 151 A.D.2d 512, 542 N.Y.S.2d 301). Defendant's remaining
contentions, to the extent preserved, are without merit.