People v. Goossens, 92 A.D.3d 1281 (N.Y. App. Div. 2012). · Go Syfert
People v. Goossens, 92 A.D.3d 1281 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Laws (nyappdiv, 2025-10-03)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Laws
N.Y. App. Div. · 2025 · confidence medium
Defendant's contention that the court erred when it failed to conduct an inquiry into whether some of the jurors observed him restrained in the back of a police vehicle after the first day of trial is unpreserved for our review inasmuch as he did not ask the court to conduct an inquiry into that alleged incident ( see People v Goossens , 92 AD3d 1281, 1282 [4th Dept 2012], lv denied 19 NY3d 960 [2012]; People v Harris , 303 AD2d 1026 , 1026 [4th Dept 2003], lv denied 100 NY2d 594 [2003]; see also People v Abron , 37 AD3d 1163, 1163 [4th Dept 2007], lv denied 8 NY3d 980 [2007]).
discussed Cited as authority (rule) People v. Laws (2×)
N.Y. App. Div. · 2025 · confidence medium
Defendant's contention that the court erred when it failed to conduct an inquiry into whether some of the jurors observed him restrained in the back of a police vehicle after the first day of trial is unpreserved for our review inasmuch as he did not ask the court to conduct an inquiry into that alleged incident ( see People v Goossens , 92 AD3d 1281, 1282 [4th Dept 2012], lv denied 19 NY3d 960 [2012]; People v Harris , 303 AD2d 1026, 1026 [4th Dept 2003], lv denied 100 NY2d 594 [2003]; see also People v Abron , 37 AD3d 1163, 1163 [4th Dept 2007], lv denied 8 NY3d 980 [2007]).
discussed Cited as authority (rule) People v. Massey
N.Y. App. Div. · 2019 · confidence medium
Here, we conclude that, after defendant met his initial burden by demonstrating that the relevant three factors were present ( see Gonzalez , 68 NY2d at 427 ), the court did not abuse its discretion in denying defendant's request upon concluding that the People demonstrated that the two witnesses in question would provide only cumulative testimony ( see People v Butler , 140 AD3d 1610 , 1611-1612 [4th Dept 2016], lv denied 28 NY3d 969 [2016]; People v Goossens , 92 AD3d 1281, 1282 [4th Dept 2012], lv denied 19 NY3d 960 [2012]).
discussed Cited as authority (rule) People v. Hunter
N.Y. App. Div. · 2019 · confidence medium
Defendant failed to preserve for our review his contentions that he was denied a fair trial by various courtroom security measures inasmuch as he " neither formally objected nor requested any relief' with respect to th[ose] issue[s]" ( People v Goossens , 92 AD3d 1281, 1282 [4th Dept 2012], lv denied 19 NY3d 960 [2012]; see also People v Johnston , 43 AD3d 1273, 1274 [4th Dept 2007], lv denied 9 NY3d 1007 [2007]).
discussed Cited as authority (rule) People v. German
N.Y. App. Div. · 2016 · confidence medium
Defendant failed to preserve for our review his contention that he was deprived of due process as a result of being shackled within the view of the jurors beginning on the second day of trial (see People v Goossens, 92 AD3d 1281, 1282 [2012], lv denied 19 NY3d 960 [2012]).
discussed Cited as authority (rule) People v. German
N.Y. App. Div. · 2016 · confidence medium
Defendant failed to preserve for our review his contention that he was deprived of due process as a result of being shackled within the view of the jurors beginning on the second day of trial (see People v Goossens, 92 AD3d 1281, 1282 [2012], lv denied 19 NY3d 960 [2012]).
discussed Cited as authority (rule) People v. Goodson
N.Y. App. Div. · 2016 · confidence medium
Contrary to the People’s assertion, defendant preserved his contention that the court erred in limiting his cross-examination of the victim regarding a prior, unrelated instance of sexual contact with a different individual (cf. generally People v Goossens, 92 AD3d 1281, 1281 [2012], lv denied 19 NY3d 960 [2012]), but we conclude that defendant’s contention lacks merit. “[T]he questions at issue were ‘speculative, and lacked a good faith basis, and the probative value of the matters sought to be elicited was outweighed by the danger that the main issues would be obscured and the jury c…
discussed Cited as authority (rule) People v. Goodson
N.Y. App. Div. · 2016 · confidence medium
Contrary to the People’s assertion, defendant preserved his contention that the court erred in limiting his cross-examination of the victim regarding a prior, unrelated instance of sexual contact with a different individual (cf. generally People v Goossens, 92 AD3d 1281, 1281 [2012], lv denied 19 NY3d 960 [2012]), but we conclude that defendant’s contention lacks merit. “[T]he questions at issue were ‘speculative, and lacked a good faith basis, and the probative value of the matters sought to be elicited was outweighed by the danger that the main issues would be obscured and the jury c…
discussed Cited as authority (rule) People v. Hogue
N.Y. App. Div. · 2015 · confidence medium
“The court made the requisite minimal inquiry into defendant’s reasons for requesting new counsel,” but defendant failed to establish good cause for the substitution of counsel (People v Goossens, 92 AD3d 1281, 1281-1282 [2012], lv denied 19 NY3d 960 [2012] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Hogue
N.Y. App. Div. · 2015 · confidence medium
“The court made the requisite minimal inquiry into defendant’s reasons for requesting new counsel,” but defendant failed to establish good cause for the substitution of counsel (People v Goossens, 92 AD3d 1281, 1281-1282 [2012], lv denied 19 NY3d 960 [2012] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2014 · confidence medium
Rather, “[v]iewing the evidence, the law and the circumstances of this case, in totality and as of the time of representation,” we conclude that defendant was not denied effective assistance of counsel (People v Goossens, 92 AD3d 1281, 1282 [2012], lv denied 19 NY3d 960 [2012]; see generally People v Baldi, 54 NY2d 137, 147 [1981]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2014 · confidence medium
Rather, “[v]iewing the evidence, the law and the circumstances of this case, in totality and as of the time of representation,” we conclude that defendant was not denied effective assistance of counsel (People v Goossens, 92 AD3d 1281, 1282 [2012], lv denied 19 NY3d 960 [2012]; see generally People v Baldi, 54 NY2d 137, 147 [1981]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Carl Goossens
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Feb 17, 2012.
92 A.D.3d 1281
Cited by 16 opinions  |  Published

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of attempted bribing a witness (Penal Law §§ 110.00, 215.00 [a]), conspiracy in the fifth degree (§ 105.05 [1]) and criminal solicitation in the fourth degree (§ 100.05 [1]). Defendant failed to preserve for our review his contention that County Court violated his right to present a defense by limiting his cross-examination of a witness (see People v Angelo, 88 NY2d 217, 222 [19963; People v Schafer, 81 AD3d 1361, 1363 [2011], lv denied 17 NY3d 861 [2011]; People v Dorn, 71 AD3d 1523 [2010]). In any event, defendant’s contention is without merit (see generally People v Corby, 6 NY3d 231, 234-235 [2005]; People u Lester, 83 AD3d 1578 [2011], lv denied 17 NY3d 818 [2011]). Viewing the evidence in light of the elements of the crime of attempted bribing a witness as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict with respect to that count is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

Defendant’s remaining contentions are raised in his pro se supplemental brief. Defendant contends that the court erred in denying his request to substitute assigned counsel because he demonstrated good cause for the substitution. We reject that contention. The court made the requisite “ ‘minimal inquiry’ ” into defendant’s reasons for requesting new counsel (People v [*1282] Porto, 16 NY3d 93, 100 [2010]; see People v Adger, 83 AD3d 1590, 1591-1592 [2011], lv denied 17 NY3d 857 [2011]; People v Russell, 55 AD3d 1314 [2008], lv denied 11 NY3d 930 [2009]), and defendant “ ‘did not establish a serious complaint concerning defense counsel’s representation and thus did not suggest a serious possibility of good cause for substitution [of counsel]’ ” (Adger, 83 AD3d at 1591). We note that the court had previously granted defendant’s request to substitute counsel, and that “ ‘[t]he right of an indigent criminal defendant to the services of a court-appointed lawyer does not encompass a right to appointment of successive lawyers at defendant’s option’ ” (People v Ward, 27 AD3d 1119, 1120 [2006], lv denied 7 NY3d 819 [2006], 7 NY3d 871 [2006], quoting People v Sides, 75 NY2d 822, 824 [1990]). Viewing the evidence, the law and the circumstances of this case, in totality and as of the time of representation, we conclude that defendant received meaningful representation (see generally People v Flores, 84 NY2d 184, 187 [1994]; People v Baldi, 54 NY2d 137, 147 [1981]). We reject the further contention of defendant that the court abused its discretion in denying his request for a missing witness charge with respect to two witnesses. The two witnesses were unavailable and, in any event, the People established that their testimony would have been cumulative (see generally People v Savinon, 100 NY2d 192, 196-197 [2003]; People v Gonzalez, 68 NY2d 424, 427-428 [1986]).

Defendant contends that the court erred in failing to conduct a post-trial hearing to determine whether he was denied a fair trial when jurors allegedly observed him being escorted in shackles from the courthouse on the first day of trial. That contention is unpreserved for our review “inasmuch as defendant merely noted [that the jurors had observed him in shackles] for the record and neither formally objected nor requested any relief’ with respect to that issue (People v Johnston, 43 AD3d 1273, 1274 [2007], lv denied 9 NY3d 1007 [2007]; see People v Abron, 37 AD3d 1163 [2007], lv denied 8 NY3d 980 [2007]). In any event, there is no indication in the record that the alleged “brief and . . . inadvertent” observation by the jurors prejudiced defendant (People v Harper, 47 NY2d 857, 858 [1979]; see People v Montgomery, 1 AD3d 984 [2003], lv denied 1 NY3d 631 [2004]). Present — Centra, J.P, Fahey, Peradotto, Garni and Martoche, JJ.