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People v. Barkley

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2009
66 A.D.3d 1432 (N.Y. App. Div. 2009)

Opinion

No. KA 05-02293.

October 2, 2009.

Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered September 28, 2005. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree (two counts).

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR RESPONDENT.

Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of two counts of robbery in the second degree (Penal Law § 160.10, [2] [a]). We conclude that County Court "was within its discretion" at trial in discharging a sworn juror based on a medical emergency involving the juror's spouse ( People v Tisdale, 270 AD2d 917, lv denied 95 NY2d 839; see People v Aponte, 28 AD3d 672, lv denied 7 NY3d 785; People v McCullin, 248 AD2d 277, lv denied 92 NY2d 928). The court made the requisite "reasonably thorough inquiry" in determining that the juror was unavailable for continued service (CPL 270.35 [a]), and properly placed on the record its reasons for discharging the juror after permitting the prosecutor and defense counsel to be heard on the matter ( see CPL 270.35 [b]).


Summaries of

People v. Barkley

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2009
66 A.D.3d 1432 (N.Y. App. Div. 2009)
Case details for

People v. Barkley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES D. BARKLEY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 2, 2009

Citations

66 A.D.3d 1432 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6999
885 N.Y.S.2d 820

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