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People v. Bean

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 769 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Supreme Court, Queens County (Orgera, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err by denying his application to excuse two jurors for cause pursuant to CPL 270.20 (1) (b). Taken as a whole, the jurors' responses to questions from counsel and the court did not demonstrate a substantial risk that the jurors could not discharge their responsibilities as jurors (see, People v Williams, 63 N.Y.2d 882). Thus, it was not error for the court, having had the opportunity to make a fair evaluation of the jurors' responses, to deny the challenges in question (see, People v Williams, supra).

The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions regarding the prosecutor's summation are unpreserved for appellate review (see, People v Nuccie, 57 N.Y.2d 818; People v Jalah, 107 A.D.2d 762) and, in any event, without merit. Balletta, J.P., Miller, Santucci and Altman, JJ., concur.


Summaries of

People v. Bean

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 769 (N.Y. App. Div. 1995)
Case details for

People v. Bean

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD BEAN, Appellant

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

Date published: May 30, 1995

Citations

215 A.D.2d 769 (N.Y. App. Div. 1995)
627 N.Y.S.2d 967