record support claim in New York

2022We have “consistently refrained from creating a catechism for this inquiry, 1 To the extent defendant asserts that events occurring outside the record support his claim that he was unrepresented before the grand jury, he may raise that issue by way of a CPL article 440 motion. -4- recognizing that it ‘may occur in a nonformalistic, flexible manner’ ” (Providence, 2 NY3d at 580 , quoting People v Smith, 92 NY2d 516, 520 [1998]).

2022For a waiver of the right to counsel to be effective, the court’s discussion of the issue with the defendant “ ‘must accomplish the goals of adequately warning a defendant of the risks inherent in proceeding pro se, and apprising a defendant of the singular importance of the lawyer in the adversarial system of adjudication’ ” (Arroyo, 98 NY2d at 104 , quoting Smith, 92 NY2d at 520 ). “[A] reviewing court may look to the whole record, not simply to the waiver colloquy, in order to determine if a defendant effectively waived counsel” (Providence, 2 NY3d at 583 ).

2022For a waiver of the right to counsel to be effective, the court’s discussion of the issue with the defendant “ ‘must accomplish the goals of adequately warning a defendant of the risks inherent in proceeding pro se, and apprising a defendant of the singular importance of the lawyer in the adversarial system of adjudication’ ” (Arroyo, 98 NY2d at 104 , quoting Smith, 92 NY2d at 520 ). “[A] reviewing court may look to the whole record, not simply to the waiver colloquy, in order to determine if a defendant effectively waived counsel” (Providence, 2 NY3d at 583 ).

2017Even accepting as true that one Planning Board member stated that he wanted to “make an example” of defendants, defendants did not allege, nor does the record support a claim, that this motivation resulted from official municipal policy or custom (see Monell v New York City Dept. of Social Servs., 436 US at 690-691 ).

2000An ACOD bars recovery for malicious prosecution as it is not a determination of guilt or innocence (see, Christenson v Gutman, 249 AD2d 805, 809 ). 2 Nor will this record support a claim for false arrest (false imprisonment), which requires a showing by plaintiff that “(1) the defendant intended to confine him, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement and (4) the confinement was not otherwise privileged” (Broughton v State of New York, supra, at 456).

1993(Cf., People v Gonzalez, 68 NY2d 424, 427-428 .) Nor does the record support the claim that the offer of proof was contradicted by the trial evidence.

1992Finally, in view of the People’s acknowledgment that defendant is on parole, it is clear that the sentence has not expired and the appeal is, accordingly, not moot (see, People v Slavik, 42 AD2d 720 ; cf., People v Hill, 161 AD2d 520 , lv denied 76 NY2d 940 ).

1992Finally, in view of the People’s acknowledgment that defendant is on parole, it is clear that the sentence has not expired and the appeal is, accordingly, not moot (see, People v Slavik, 42 AD2d 720 ; cf., People v Hill, 161 AD2d 520 , lv denied 76 NY2d 940 ).

1992Nor does the record support the claim that County Court was "fully familiar with any changes in defendant’s status, conduct or condition which may have occurred * * * since the previous sentence of probation was imposed” (People v Tyrrell, 101 AD2d 946, 947 ).

1977However, the defendant does not claim that a promise of such a recommendation was made or relied upon, nor would the record support such a claim (cf. Santobello v New York, 404 US 257 ).

1977On this record, the decisions in People v Etson ( 39 NY2d 1005 ) and People v Eason (supra) are dispositive.

1977On this record, the decisions in People v Etson ( 39 NY2d 1005 ) and People v Eason (supra) are dispositive.

1966In United States v. Heine ( 149 F. 2d 485, 488 , cert. den. 325 U. S. 885 ) the court said: “Nor does the record support the claim that this evidence was taken from defendant’s home without consent or proper warrant.

1966In United States v. Heine ( 149 F. 2d 485, 488 , cert. den. 325 U. S. 885 ) the court said: “Nor does the record support the claim that this evidence was taken from defendant’s home without consent or proper warrant.