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People v. Gaines [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1999
(N.Y. App. Div. May. 10, 1999)

Opinion

May 10, 1999

Appeal from Judgment of Monroe County Court, Maloy, J. — Murder, 2nd Degree.

PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND BALIO, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly granted the People's motion to dismiss a sworn juror for cause while jury selection was still in progress ( see, CPL 270.15). We defer to the assessment of the trial court that the juror had "a state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20 [b]; see, People v. Torpey, 63 N.Y.2d 361, rearg denied 64 N.Y.2d 885; People v. Johnson, ___ A.D.2d ___ [decided July 8, 1998], affd ___ N.Y.2d ___ [decided Nov. 24, 1998]).


Summaries of

People v. Gaines [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1999
(N.Y. App. Div. May. 10, 1999)
Case details for

People v. Gaines [4th Dept 1999

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GLASTON GAINES, APPELLANT

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

Date published: May 10, 1999

Citations

(N.Y. App. Div. May. 10, 1999)