People v. Rivera, 683 N.E.2d 1064 (N.Y. App. Div. 1997). · Go Syfert
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People v. Rivera, 683 N.E.2d 1064 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
22 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Scott (nyappdiv, 2000-07-07)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited "see" People v. Scott
N.Y. App. Div. · 2000 · signal: see · confidence high
It is well settled that the police must advise a suspect in custody of his constitutional rights before subjecting him or her to interrogation (see, Miranda v Arizona, 384 US 436 ; see generally, People v Robbins, 236 AD2d 823 , lv denied 90 NY2d 863 ; People v Fenton, 234 AD2d 921, 922 , lv denied 89 NY2d 1011 ).
discussed Cited "see" People v. Hunt
N.Y. App. Div. · 1997 · signal: see · confidence high
Although the prosecutor exercised a peremptory challenge to strike one black female prospective juror, that fact alone is not sufficient to establish a “ ‘pattern of purposeful exclusion sufficient to raise an inference of discrimination’ ” (People v Childress, 81 NY2d 263, 267 ; see, People v Secrest, 236 AD2d 839 , lv denied 90 NY2d 863 ).
discussed Cited "see, e.g." People v. Jacobs
N.Y. App. Div. · 2002 · signal: see also · confidence low
Thus, it cannot be said that a reasonable person in defendant’s position, innocent of any crime, would have believed that he or she was in custody (see People v Yukl, 25 NY2d 585, 589 , rearg denied 26 NY2d 845 , cert denied 400 US 851 ; see also People v Robbins, 236 AD2d 823, 824 , lv denied 90 NY2d 863 ; People v Flecha, 195 AD2d 1052 ).
discussed Cited "see, e.g." People v. Conway
N.Y. App. Div. · 2000 · signal: see also · confidence low
Thus, the court properly determined that defendant lacked standing to contest the warrantless search of the victim’s apartment and garage (see, People v McGaha, 144 AD2d 388 ; see also, People v Secrest, 236 AD2d 839 , lv denied 90 NY2d 863 ; People v Adames, 168 AD2d 623 , lv denied 77 NY2d 957 ).
cited Cited "see, e.g." People v. Brockenshire
N.Y. App. Div. · 1997 · signal: see also · confidence low
Hosp., 285 NY 389, 398 ; see also, People v Rivera, 236 AJD2d 428, lv denied 90 NY2d 863 ; People v Donaldson, 107 AD2d 758, 759 ).
discussed Cited "see, e.g." People v. Perez
N.Y. App. Div. · 1997 · signal: see also · confidence low
The screening of potential spectators was a traffic control device, not a closure of the courtroom (see, People v Colon, 71 NY2d 410, 417 , cert denied 487 US 1239 ; People v Glover, 60 NY2d 783, 785 , cert denied 466 US 975 ; see also, People v Rivera, 237 AD2d 178 , lv denied 90 NY2d 863 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Luis Rivera
Appellate Division of the Supreme Court of the State of New York.
Mar 24, 1997.
683 N.E.2d 1064
1997 N.Y. App. Div. LEXIS 2840
Cited by 21 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered October 26, 1995, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from numerous sidebar discussions with prospective jurors during voir dire (see, People v Antommarchi, 80 NY2d 247; People v Sloan, 79 NY2d 386). The record demonstrates that the defendant knowingly, voluntarily, and[*540] intelligently waived his right to be present since, prior to the commencement of voir dire, his trial counsel informed the court, in his presence, that he had signed a waiver indicating that he was fully advised of his rights and that he agreed to waive his right to be present (see, People v Yuen, 222 AD2d 613; People v Stokes, 216 AD2d 337; People v Spruill, 212 AD2d 381; People v Perez, 196 AD2d 781; see also, People v Underwood, 201 AD2d 597). Thompson, J. P., Pizzuto, Joy and Luciano, JJ., concur.