PEOPLE v. JACKSON (2024)

Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J.), rendered December 2, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 41/212 years, unanimously affirmed.

Defendant's argument that the hearing court violated his right to a fair trial by acting as an advocate for the prosecution (see People v. Arnold, 98 N.Y.2d 63, 745 N.Y.S.2d 782, 772 N.E.2d 1140 [2002]) is unpreserved and we decline to consider it in the interest of justice (see People v. Guadalupe, 254 A.D.2d 69, 678 N.Y.S.2d 492 [1st Dept. 1998], lv denied 92 N.Y.2d 982, 683 N.Y.S.2d 763, 706 N.E.2d 751 [1998]).  As an alternative holding, we find that the two questions the court asked, which elicited the name of the 911 caller to whom the arresting officer spoke, did not improperly intrude on the prosecutor's function (see People v. Mack, 181 A.D.3d 427, 428, 117 N.Y.S.3d 563 [1st Dept. 2020], lv denied 35 N.Y.3d 1028, 126 N.Y.S.3d 43, 149 N.E.3d 881 [2020]) and provides no basis to disturb the court's findings that the arresting officers had reasonable suspicion to stop and frisk defendant, and probable cause to arrest him.

We perceive no basis for reducing defendant's sentence.

We have considered defendants remaining contentions and find them unavailing.