People v. Finkelstein

After a jury trial, Defendant was convicted of two counts of coercion in the first degree. The Appellate Division affirmed. Defendant appealed, arguing (1) the court, rather than the jury, made a factual determination regarding the seriousness of his conduct when it declined to instruct the jury on the lesser-included offense of coercion in the second degree in violation of the rule set out in Apprendi v. New Jersey; and (2) the trial court erred in declining to instruct the jury on the lesser-included offense of coercion in the second degree. The Court of Appeals affirmed, holding (1) Defendant’s first argument on appeal was unpreserved for appellate review; (2) the facts of this case did not warrant the lesser included charge; and (3) the trial court did not violate Defendant’s constitutional right to represent himself by ruling that he forfeited his right to proceed pro se during pre-trial proceedings. View "People v. Finkelstein" on Justia Law