People v. Morrow, 2016 NY Slip Op 6848 (N.Y. App. Div. 2016). · Go Syfert
People v. Morrow, 2016 NY Slip Op 6848 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
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50 citation events (50 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. McGuire (nyappdiv, 2023-07-28)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. McGuire
N.Y. App. Div. · 2023 · confidence medium
In any event, we conclude that any error was cured by the requested readback of the relevant testimony ( see People v Peters , 277 AD2d 512, 514 [3d Dept 2000]; see generally People v Proctor , 104 AD3d 1290 , 1291 [4th Dept 2013], lv denied 21 NY3d 1008 [2013]; People v Phillips , 237 AD2d 386 , 386 [2d Dept 1997]) and by the court's instructions to the jury that its "recollection, understanding, and evaluation of the evidence . . . controls regardless of what the lawyers have said or will say about the evidence" ( see People v Morgan , 148 AD3d 1590 , 1591 [4th Dept 2017], lv denied 29 NY3d …
discussed Cited as authority (rule) Morrow v. Capra
E.D.N.Y · 2023 · confidence medium
(Id.) The court found that his ineffective-assistance claims rested on “matters dehors the record which cannot be reviewed on direct appeal.” (Id. (quoting People v. Morrow, 143 A.D. 3d 919, 920 (2d Dep’t 2016).) It also explained that the petitioner was not entitled to new standby counsel.
discussed Cited as authority (rule) Morrow v. Capra
E.D.N.Y · 2022 · confidence medium
(ECF No. 14-6 at 2-67.) In rejecting the petitioner’s allegations of prosecutorial misconduct, the Appellate Division held they “are unpreserved for appellate review, and in any event, without merit.” Morrow, 143 A.D.3d at 921 (citation omitted).
discussed Cited as authority (rule) People v. Salierno (Marissa)
N.Y. App. Term. · 2022 · confidence medium
While certain comments were improper, any prejudice therefrom was ameliorated by the trial court's curative instructions to the jury ( see People v Morrow , 143 AD3d 919, 921 [2016]; People v Sylvain , 33 AD3d 330, 331-332 [2006]), and those improper comments which were not the subject of sustained objections were not so flagrant or pervasive as to deprive defendant of a fair trial ( see People v Chizor , 190 AD3d 763 [2021]; People v Mapp , 188 AD3d 1260, 1260 [2020]).
discussed Cited as authority (rule) People v. Leibovitz (Etan) (2×)
N.Y. App. Term. · 2018 · confidence medium
Moreover, the record as a whole—including the fact that defendant had the benefit of standby counsel throughout the trial, made appropriate motions, delivered cogent closing arguments and ultimately obtained acquittal on one count—indicates that defendant understood the ramifications of waiving the right to counsel and effectively waived his right ( see People v Providence , 2 NY3d at 583-584; People v Morrow , 143 AD3d at 919; People v Berger , 2 Misc 3d 46 , 48 [App Term, 2d Dept, 2d & 11th Jud Dists 2003]).
discussed Cited as authority (rule) People v. Elder
N.Y. App. Div. · 2017 · confidence medium
In any event, the majority of the summation comments were either within the bounds of rhetorical comment permissible in closing argument, fair response to arguments made by defense counsel in summation, or fair comment on the evidence and reasonable inferences to be drawn therefrom (see People v Morrow, 143 AD3d 919, 921 [2016]; People v Young, 141 AD3d 551, 552 [2016]; People v Marcus, 112 AD3d 652, 653 [2013]).
cited Cited as authority (rule) People v. Stricklin
N.Y. App. Div. · 2017 · confidence medium
In any event, the contention is without merit (see CPL 240.44 [1]; 240.45 [a] [1]; People v Morrow, 143 AD3d 919, 920 [2016]).
discussed Cited as authority (rule) People v. Casey
N.Y. App. Div. · 2017 · confidence medium
In any event, the summation, as a whole, was responsive to the defense summation, and did not deprive the defendant of a fair trial (see People v Morrow, 143 AD3d 919, 921 [2016]; People v Ferraro, 49 AD3d 550, 551 [2008]).
discussed Cited "see, e.g." People v. Williams
N.Y. App. Div. · 2019 · signal: see also · confidence low
Moreover, this contention is unpreserved for appellate review, as the defendant never sought relief in connection with the alleged violation ( see People v Francois , 137 AD3d 935, 936 ; see also People v Morrow , 143 AD3d 919, 920 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Neb Morrow, Appellant
2011-00187.
Appellate Division of the Supreme Court of the State of New York.
Oct 19, 2016.
2016 NY Slip Op 6848
Chambers, Hall, Austin, Sgroi.
Cited by 27 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered December 13, 2010, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

At trial, the defendant made an effective waiver of his right to counsel. Before proceeding pro se, a defendant must make a knowing, voluntary, and intelligent waiver of the right to counsel (see People v Crampe, 17 NY3d 469, 481 [2011]; People v Arroyo, 98 NY2d 101, 103 [2002]). The defendant’s request to represent himself was unequivocal, and the court engaged in the requisite searching inquiry to ensure that his waiver of the right to counsel was knowing, voluntary, and intelligent (see People v Providence, 2 NY3d 579, 583 [2004]; People v Lindsey, 121 AD3d 715, 715 [2014]). The colloquy was sufficient to ensure that the defendant was aware of the drawbacks of self-representation (see People v Vivenzio, 62 NY2d 775, 776 [1984]; People v Guzman, 116 AD3d 790, 791 [2014]; People v Allison, 69 AD3d 740, 741 [2010]; cf. People v Crampe, 17 NY3d at 482). The defendant’s age, experience, education, and prior exposure to the criminal justice system, along with his firmness in his decision to represent himself and his performance in representing himself, all indicate a knowing waiver (see People v Providence, 2 NY3d at 583-584; People v Harris, 292 AD2d 633, 634 [2002]; People v Miley, 154 AD2d 559, 559 [1989]). Finally, the defendant had the benefit of standby counsel throughout the proceedings and proceeded at his own peril, fully aware of the consequences of his chosen course (see People v Cusamano, 22 AD3d 427, 428 [2005]; People v Delaron, 184 AD2d 653, 654 [1992]).

The defendant was required to preserve his objection to the[*920] court’s procedure for consideration of prospective jurors’ requests to be excused for hardship, made before the commencement of formal voir dire, as this is not a material stage of the trial proceedings and does not affect the organization of the court or the mode of proceedings prescribed by law (see People v King, 27 NY3d 147, 156 [2016]). The defendant failed to preserve this contention for appellate review, as he failed to object to the procedure prior to the discharge of the prospective jurors, and did not request that any inquiry be made of them (see People v Toussaint, 40 AD3d 1017, 1017-1018 [2007]). In any event, the court fully complied with Judiciary Law § 517 (c) in exercising its discretion to excuse prospective jurors based on claimed hardship (see People v Toussaint, 40 AD3d at 1018).

In his pro se supplemental brief, the defendant contends that he was deprived of the effective assistance of counsel because his first assigned counsel allegedly, without conducting an investigation, waived the defendant’s right to appear before the grand jury despite being advised by the defendant that the defendant wanted to appear, and because his second assigned counsel failed to consult with him before filing a motion pursuant to CPL 190.50 containing “boiler plate” language. These contentions concern matter dehors the record which cannot be reviewed on direct appeal (see People v Bruno, 127 AD3d 986, 987 [2015]; People v Walters, 120 AD3d 1272, 1273 [2014]). Moreover, the defendant’s claim, in effect, that the court deprived him of his constitutional right to counsel by denying his request to appoint a third, different, pro bono attorney as his standby counsel in place of his second assigned attorney who had been appointed as standby counsel, thus leaving the defendant with no choice but to represent himself, is without merit (see People v Howell, 207 AD2d 412, 413 [1994]).

The defendant’s contention in his pro se supplemental brief that the People willfully failed to reduce witness statements to writing in order to circumvent their Rosario obligations (see People v Rosario, 9 NY2d 286 [1961]) is based on matter dehors the record, and cannot be reviewed on direct appeal (see People v Franklin, 77 AD3d 676, 676 [2010]; People v Helenese, 75 AD3d 653, 655 [2010]). To the extent that this claim alleges a Rosario violation, it is unpreseryed for appellate review, as the defendant never sought relief in connection with the alleged violation (see People v Jacobs, 71 AD3d 693, 693 [2010]; People v Swinson, 227 AD2d 508 [1996]), and is, in any event, without merit.

The defendant’s contentions in his pro se supplemental brief regarding the prosecutor’s summation remarks are unpreserved[*921] for appellate review, as the defendant either failed to object to the remarks at issue, or made only a general objection, and failed to request further curative relief when the court sustained an objection (see People v Guzman, 138 AD3d 1140, 1140 [2016]; People v Blue, 136 AD3d 840 [2016]; People v Barber, 133 AD3d 868, 871 [2015]). In any event, the prosecutor’s remarks regarding the credibility of the People’s witnesses were responsive to the defendant’s summation, in which he attacked the credibility of the police witnesses (see People v Ferraro, 49 AD3d 550, 551 [2008]; People v Phillips, 285 AD2d 477, 478 [2001]). The prosecutor expressed no personal opinion regarding the officers’ veracity (see People v Thomas, 186 AD2d 602 [1992]; see also People v Williams, 1 AD3d 284, 285 [2003]). It was proper for the prosecutor to make record-based arguments, addressed to the jury’s common sense, concerning motives or lack of motives to falsify (see People v Gonzalez, 298 AD2d 133, 133-134 [2002]; People v Bryant, 294 AD2d 221 [2002]). The prosecutor’s remarks regarding the defendant’s credibility were proper, since the issue of credibility was central to the trial (see People v Banks, 258 AD2d 525, 526 [1999]). Although the defendant claims that the prosecutor misstated the evidence on summation, the court’s instructions to the jury that it was the jury’s recollection of the evidence that controlled were sufficient to address any misstatements of evidence that may have been made by the prosecutor (see People v Brown, 139 AD3d 964, 966 [2016]; People v Sylvain, 33 AD3d 330, 331-332 [2006]). Finally, any error in the prosecutor’s summation was harmless, given the overwhelming evidence of the defendant’s guilt, and the absence of any significant probability that any such error might have contributed to the defendant’s conviction (see People v Brown, 139 AD3d at 966).

The defendant’s contention in his pro se supplemental brief that the People concealed the identity of certain witnesses and made those witnesses unavailable to him is without merit.

The defendant’s remaining contentions in his pro se supplemental brief regarding alleged prosecutorial misconduct are unpreserved for appellate review and, in any event, without merit (see People v Crimmins, 36 NY2d 230, 242 [1975]).

Chambers, J.P., Hall, Austin and Sgroi, JJ., concur.