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People v. Nevarez

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 173 (N.Y. App. Div. 1997)

Opinion

December 16, 1997

Appeal from the Supreme Court, Bronx County (John Moore, J.).


The court properly exercised its discretion in granting the prosecutor's challenge for cause to a prospective juror based upon the court's conclusion that the juror behaved in a manner inconsistent with that of an individual who was capable of rendering an impartial verdict on the evidence adduced ( see, People v. Williams, 63 N.Y.2d 882). The court made as complete a record as possible concerning the nature of the juror's bizarre demeanor, and the court's assessment of such demeanor is entitled to considerable deference.

Defendant's contention that the trial court deprived him of his right to a public trial when it excluded his sister from the courtroom is without merit. She was properly excluded since the prosecutor, whose good faith was unchallenged by defendant at trial, identified her as a potential witness, and the court's discretionary determination "did not implicate defendant's right to a public trial" ( People v. Roundtree, 234 A.D.2d 58, lv denied 89 N.Y.2d 988).

Concur — Milonas, J.P., Rosenberger, Nardelli, Rubin and Tom, JJ.


Summaries of

People v. Nevarez

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 173 (N.Y. App. Div. 1997)
Case details for

People v. Nevarez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY NEVAREZ…

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

Date published: Dec 16, 1997

Citations

245 A.D.2d 173 (N.Y. App. Div. 1997)
665 N.Y.S.2d 890

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