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People v. Hopkins

Court of Appeals of the State of New York
Sep 18, 1990
76 N.Y.2d 872 (N.Y. 1990)

Opinion

Decided September 18, 1990

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Eugene W. Bergin, J.

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for appellant. Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's claim that he was denied his constitutional and statutory right to a particular jury chosen according to law, in whose selection he had a voice (People v Page, 72 N.Y.2d 69, 73) is not preserved for our review because defendant failed to object to the juror's dismissal at a time when the trial court could correct the claimed error. (CPL 470.05.) Furthermore, the suppression court did not abuse its discretion in denying defendant's request for an adjournment (see, People v Singleton, 41 N.Y.2d 402, 405).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.


Summaries of

People v. Hopkins

Court of Appeals of the State of New York
Sep 18, 1990
76 N.Y.2d 872 (N.Y. 1990)
Case details for

People v. Hopkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HOPKINS…

Court:Court of Appeals of the State of New York

Date published: Sep 18, 1990

Citations

76 N.Y.2d 872 (N.Y. 1990)
560 N.Y.S.2d 985
561 N.E.2d 885

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