People v. Jack — 149 A.D.3d 779

Majority

p. 779

The People of the State of New York, Respondent, v Luis Jack, Also Known as Ernest Webb, Appellant.

[51 NYS3d 173]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered November 8, 2012, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court deprived him of a fair trial and his right to put on a defense when it redacted portions of a recording of a telephone call is unpre-served for appellate review (see CPL 470.05 [2]). In any event,

p. 780

the defendant’s contention is without merit. A defendant’s right to present a defense is not absolute (see People v Hayes, 17 NY3d 46 , 53 [2011]; People v Williams, 81 NY2d 303 , 313 [1993]), and the trial court has wide latitude to exclude evidence that is repetitive, is only marginally relevant, or poses an undue risk of confusion of the issues (see People v Bowen, 67 AD3d 1022 , 1023 [2009]; People v Celifie, 287 AD2d 465 [2001]; People v Cancel, 176 AD2d 748 , 749 [1991]). Here, the Supreme Court properly admitted into evidence certain portions of a recording of a telephone call made by the defendant while he was at Rikers Island prior to trial. During the call, the defendant stated, “The [surveillance] video has my clothes in it. . . . But it don’t show my face.” This part of the call was properly admitted as an admission (see People v Chico, 90 NY2d 585 , 589 [1997]; see also People v Grant, 17 NY3d 613 , 622 [2011]; People v O’Connor, 21 AD3d 1364 , 1366 [2005]). Furthermore, contrary to the defendant’s contention, the Supreme Court did not err in excluding a portion of the recording in which the defendant surmised what a police officer would testify to and why that testimony would be a lie, because that portion of the recording did not modify or destroy the effect of the admission in the admitted portion of the recording (cf. People v Dlugash, 41 NY2d 725 , 736 [1977]; People v Gallo, 12 NY2d 12 , 15 [1962]; People v Pitt, 84 AD3d 1275 , 1276-1277 [2011]; People v Rodriguez, 188 AD2d 566 , 567 [1992]).

The defendant’s contention that he was deprived of the effective assistance of counsel is without merit, as defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 , 83 [1982]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, that certain comments made by the prosecutor in his opening and closing statements deprived him of a fair trial, are without merit.

Rivera, J.R, Hall, Roman and Brathwaite Nelson, JJ., concur.

Cases cited

People v. Hayes 17 NY3d 46 N.Y. 2011-05-10 at 53 p. 780
People v. Williams 81 NY2d 303 N.Y. 1993-05-11 at 313 p. 780
People v. Cancel 176 AD2d 748 N.Y. App. Div. 1991-10-24 at 749 p. 780
People v. Chico 90 NY2d 585 N.Y. 1997-10-28 at 589 p. 780
People v. Grant 17 NY3d 613 N.Y. 2011-10-20 at 622 p. 780
People v. O'Connor 21 AD3d 1364 N.Y. App. Div. 2005-09-30 at 1366 p. 780
People v. Gallo 12 NY2d 12 N.Y. 1962-10-25 at 15 p. 780
People v. Pitt 84 AD3d 1275 N.Y. App. Div. 2011-05-24 at 1276-1277 p. 780
People v. Rodriguez 188 AD2d 566 N.Y. App. Div. 1992-12-14 at 567 p. 780
People v. Benevento 91 NY2d 708 N.Y. 1998-06-11 p. 780
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 p. 780
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 at 83 p. 780