From Casetext: Smarter Legal Research

People v. Traylor

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2001
283 A.D.2d 1013 (N.Y. App. Div. 2001)

Opinion

Filed May 2, 2001.

Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Burglary, 3rd Degree.

PRESENT: PINE, J.P., HAYES, WISNER, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that Supreme Court erred in granting the People's challenge for cause of a prospective juror. Prospective jurors have a duty to answer voir dire questions truthfully ( see, People v. Cephus, 224 A.D.2d 706, 707; see also, Holland v. Blake, 38 A.D.2d 344, 345-346, affd 31 N.Y.2d 734). In the case of a challenge for cause of an unsworn juror, a trial court "should lean toward disqualifying a prospective juror of dubious impartiality" ( People v. Branch, 46 N.Y.2d 645, 651). The record establishes that the juror failed to disclose a criminal conviction during voir dire. It was within the court's discretion to determine that such failure showed that the juror had "a state of mind that [was] likely to preclude him from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20 [b]; see, People v. Barber, 269 A.D.2d 758, 760). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Traylor

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2001
283 A.D.2d 1013 (N.Y. App. Div. 2001)
Case details for

People v. Traylor

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CECIL TRAYLOR…

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

Date published: May 2, 2001

Citations

283 A.D.2d 1013 (N.Y. App. Div. 2001)
725 N.Y.S.2d 242

Citing Cases

People v. Parker

The court also properly granted the People's challenge for cause with respect to a prospective juror who…

People v. Known

Contrary to defendant's contention, Supreme Court did not abuse its discretion in granting the People's…