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People v. Font

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 600 (N.Y. App. Div. 1996)

Summary

In Font, as here, the prosecution provided explanations for only some of the potential jurors it challenged and the defendant neglected to request the missing explanations.

Summary of this case from Caston v. Costello

Opinion

January 16, 1996

Appeal from the Supreme Court, Kings County (Tomei, J.).


Ordered that the judgment and amended judgment are affirmed.

The defendant's contention that the court failed to require the People to provide race-neutral explanations for their peremptory challenges to certain jurors during the first two rounds of voir dire, after the court ruled in the third round that a prima facie case of discrimination was established, is unpreserved for review, as the defense never requested explanations for the challenges exercised during the first two rounds ( see, CPL 470.05; People v Negron, 214 A.D.2d 588; People v Bosquez, 211 A.D.2d 727; People v Cruz, 200 A.D.2d 581).

The hearing court properly declined to suppress the identification testimony of the eyewitnesses, as the photographic array was not unduly suggestive and did not draw the viewer's attention to the defendant's photograph ( see, People v Jones, 166 A.D.2d 724; People v Thomas, 147 A.D.2d 510, 512).

The defendant's contention that his confession was not voluntary because he was hospitalized and unable to comprehend and appreciate the nature of his statements is unpreserved for appellate review ( see, CPL 470.05).

The sentence imposed was not excessive ( see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Friedmann, Krausman and Florio, JJ., concur.


Summaries of

People v. Font

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 600 (N.Y. App. Div. 1996)

In Font, as here, the prosecution provided explanations for only some of the potential jurors it challenged and the defendant neglected to request the missing explanations.

Summary of this case from Caston v. Costello

In Font, however, unlike here, the defendant never requested that the trial judge solicit those explanations from the prosecutor.

Summary of this case from Caston v. Costello
Case details for

People v. Font

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FONT, Appellant

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

Date published: Jan 16, 1996

Citations

223 A.D.2d 600 (N.Y. App. Div. 1996)
637 N.Y.S.2d 16

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