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People v. Baxter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1014 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Onondaga County Court, Mulroy, J.

Present — Callahan, J.P., Boomer, Green, Boehm and Davis, JJ.


Judgment unanimously affirmed. Memorandum: At trial, defense counsel informed the court that she had made a mistake in exercising her peremptory challenges when she excused juror number 13 instead of juror number 6. She requested the court to discharge juror number 6 even though that juror had been sworn. On appeal, defendant argues that, because of counsel's mistake, defendant was deprived of effective assistance of counsel. We disagree. That inadvertent error does not rise to the level of ineffective assistance of counsel (see, People v Satterfield, 66 N.Y.2d 796, 798-799).

We have reviewed the issues raised by defendant in his pro se brief and find them to be without merit.


Summaries of

People v. Baxter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1014 (N.Y. App. Div. 1993)
Case details for

People v. Baxter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN BAXTER…

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

Date published: Feb 5, 1993

Citations

190 A.D.2d 1014 (N.Y. App. Div. 1993)
593 N.Y.S.2d 633

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