From Casetext: Smarter Legal Research

People v. Deschamps

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1998
256 A.D.2d 13 (N.Y. App. Div. 1998)

Opinion

December 1, 1998

Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).


Defendant's claim that the court erred in denying his challenge for cause to a prospective juror who allegedly displayed bias is unpreserved because defendant did not raise the same grounds asserted on appeal, and we reject defendant's argument that he somehow alerted the court to his present claim. We decline to review this claim in the interest of justice. Were we to review this claim, we would find that defendant has failed to demonstrate that the juror's comments displayed any bias that would prevent him from discharging his responsibilities as a juror or require an expurgatory oath ( see, People v. Hernandez, 222 A.D.2d 696, lv denied 88 N.Y.2d 879).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.


Summaries of

People v. Deschamps

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1998
256 A.D.2d 13 (N.Y. App. Div. 1998)
Case details for

People v. Deschamps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORLEY DESCHAMPS…

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

Date published: Dec 1, 1998

Citations

256 A.D.2d 13 (N.Y. App. Div. 1998)
680 N.Y.S.2d 842

Citing Cases

People v. Wallace

The court properly denied defendant's challenge for cause to a prospective juror. The mere making of a…

People v. Horace

We disagree. Defendant contends that his challenge for cause to one prospective juror should have been…