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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 430 (N.Y. App. Div. 1996)

Opinion

January 18, 1996

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


The trial court properly exercised its discretion in refusing a challenge for cause of a prospective juror who stated that as a result of his discussions with many police officer friends, he had an "insider's view" of police work. Such relief was not warranted where the juror did not express an opinion as to defendant's guilt ( see, People v Torpey, 63 N.Y.2d 361, 366), gave repeated assurances of his lack of bias, otherwise exhibited no actual bias ( see, People v Johnson, 220 A.D.2d 270) and bore no relationship to trial participants as to make him inherently biased ( see, People v Colon, 71 N.Y.2d 410, 418, cert denied 487 U.S. 1239). Lack of prejudice to the defendant is also particularly clear in this case, in which police involvement was limited to taking into custody defendant, who was apprehended and detained by the complainant's nephew.

Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 430 (N.Y. App. Div. 1996)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO RIVERA…

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

Date published: Jan 18, 1996

Citations

223 A.D.2d 430 (N.Y. App. Div. 1996)
636 N.Y.S.2d 339

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