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People v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 2004
4 A.D.3d 118 (N.Y. App. Div. 2004)

Opinion

2780.

Decided February 5, 2004.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered October 10, 2001, convicting defendant, after a jury trial, of attempted robbery in the first degree and attempted assault in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years and 60 days, respectively, unanimously affirmed.

Argiro Kosmetatos, for Respondent.

Amy Donner, for Defendant-Appellant.

Before: Buckley, P.J., Andrias, Lerner, Friedman, JJ.


After the trial was interrupted by the terrorist attacks of September 11, 2001, the court properly exercised its discretion when it denied defendant's request for an inquiry as to whether those events had affected any of the jurors' ability to continue serving. There were no indications that any juror possessed a state of mind that would prevent the rendering of an impartial verdict ( see generally People v. Buford, 69 N.Y.2d 290).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 2004
4 A.D.3d 118 (N.Y. App. Div. 2004)
Case details for

People v. Figueroa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CECILIO FIGUEROA…

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

Date published: Feb 5, 2004

Citations

4 A.D.3d 118 (N.Y. App. Div. 2004)
770 N.Y.S.2d 865

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