People v Long (Richard)

[*1] People v Long (Richard) 2004 NY Slip Op 50610(U) Decided on June 9, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DECIDED June 9, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-51 W CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

RICHARD LONG, Appellant.

Appeal by defendant from a judgment of the City Court, City of New Rochelle, Westchester County (J. Colangelo, J.), rendered December 6, 2002, after a jury trial, convicting him of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and imposing sentence.

Judgment of conviction unanimously affirmed.

Inasmuch as the discussions taking place in chambers outside of the presence of defendant solely concerned questions of law regarding the charge to the jury, defendant's presence was not required (see People v Williams, 85 NY2d 945, 947
[1995]; People v Velasco, 77 NY2d 469, 472 [1991]). We further find that defendant
failed to establish that he received ineffective assistance of counsel during his suppression hearing (see People v Hobot, 84 NY2d 1021 [1995]).
Decision Date: June 09, 2004