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People v. Coleman

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 219 (N.Y. App. Div. 1999)

Opinion

June 24, 1999.

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


Defendant's challenge to the court's sua sponte pre-voir dire excusal of two jurors, without input from counsel, is a claim requiring preservation ( People v. Martinez, 239 A.D.2d 205, lv denied 90 N.Y.2d 895), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the court properly exercised its discretion, after sufficient inquiry, in excusing one prospective juror on the basis of a scheduling conflict ( see, People v. Velasco, 77 N.Y.2d 469, 473), and the other on the basis of the prospective juror's lack of impartiality ( see, People v. Decker, 157 N.Y. 186, 190-193).

The court properly exercised its discretion in limiting defendant's voir dire of prospective jurors because the precluded inquiries were repetitious and largely concerned the prospective jurors' knowledge of and attitudes toward principles of law ( see, People v. Swift, 260 A.D.2d 157).

Concur — Ellerin, P. J., Rosenberger, Buckley and Friedman, JJ.


Summaries of

People v. Coleman

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 219 (N.Y. App. Div. 1999)
Case details for

People v. Coleman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY COLEMAN…

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

Date published: Jun 24, 1999

Citations

262 A.D.2d 219 (N.Y. App. Div. 1999)
692 N.Y.S.2d 352

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