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People v. Jack

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 980 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Monroe County Court, Bristol, J.

Present — Denman, P.J., Pine, Lawton, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was insufficient to support his conviction of depraved indifference murder (Penal Law § 125.25). We disagree. The assessment of the objective circumstances evincing a defendant's depraved indifference to human life is a qualitative judgment to be made by the trier of fact (People v Roe, 74 N.Y.2d 20). Under the circumstances, it was not unreasonable for the jury to conclude that defendant's firing a pistol at the victim from approximately 100 feet presented a grave risk of death.

Defendant also contends that he was entitled to be present at a sidebar conference during trial concerning juror disqualification. A sidebar conference with a juror is not a material stage of the trial at which defendant has a right to be present (see, People v Aguilera, 82 N.Y.2d 23; People v Torres, 80 N.Y.2d 944, rearg denied 81 N.Y.2d 784; People v Stokes, 198 A.D.2d 847).


Summaries of

People v. Jack

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 980 (N.Y. App. Div. 1993)
Case details for

People v. Jack

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALWYN JACK, Appellant

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 980 (N.Y. App. Div. 1993)
606 N.Y.S.2d 471

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