From Casetext: Smarter Legal Research

People v. Jones

Supreme Court, Appellate Division, First Department, New York.
Dec 15, 2015
134 A.D.3d 503 (N.Y. App. Div. 2015)

Opinion

16393 3644/06.

12-15-2015

The PEOPLE of the State of New York, Respondent, v. Lester Q. JONES, Defendant–Appellant.

  Richard M. Greenberg, Office of the Appellate Defender, New York Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.


Richard M. Greenberg, Office of the Appellate Defender, New York Rosemary Herbert of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Opinion

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered January 5, 2011, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 2007 ). There is no basis for disturbing the jury's credibility determinations.

The rulings challenged on appeal, and discussed separately in this decision, were proper exercises of the court's discretion. In each instance, there was no prejudice to defendant or violation of any constitutional right. The court properly refused to give a specific instruction regarding the significance of the cooperation agreements of two prosecution witnesses (see People v. Inniss, 83 N.Y.2d 653, 612 N.Y.S.2d 360, 634 N.E.2d 961 1994 ). The charge as a whole, including an instruction regarding interested witnesses, adequately conveyed the need to scrutinize the testimony of these witnesses.

The court properly excluded an anonymous, unsubstantiated tip regarding a possible alternative suspect. The tip lacked any indicia of reliability, and even if offered to challenge the thoroughness of the police investigation, any minimal probative value the tip may have had on that subject was outweighed by its prejudicial effect (see People v. Hayes, 17 N.Y.3d 46, 52–54, 926 N.Y.S.2d 382, 950 N.E.2d 118 2011, cert. denied 565 US, 132 S.Ct. 844 2011 ). By way of contrast, when the People introduced a statement by a nontestifying declarant as background to explain police actions, it is clear that defendant had opened the door to that evidence through a line of cross-examination (see Tennessee v. Street, 471 U.S. 409, 105 S.Ct. 2078, 85 L.Ed.2d 425 1985; People v. Reid, 19 N.Y.3d 382, 948 N.Y.S.2d 223, 971 N.E.2d 353 2012 ).

The court properly denied defendant's various mistrial motions, made on the basis of evidentiary issues. In each instance, the court provided a sufficient remedy by striking offending testimony or delivering thorough instructions to the jury.

The court properly discharged an absent juror after waiting two hours after the scheduled resumption of proceedings. Under the “bright-line” rule of People v. Jeanty, 94 N.Y.2d 507, 515, 706 N.Y.S.2d 683, 727 N.E.2d 1237 (2000), a juror “who is ... more than two hours late can be conclusively presumed to be unavailable and is subject, in the court's discretion, to discharge” (id. at 516, 706 N.Y.S.2d 683, 727 N.E.2d 1237). Although the discharged juror arrived 15 minutes after being replaced by an alternate, the court, after interviewing the discharged juror and considering the totality of circumstances, properly adhered to its ruling and declined to reinstate the juror.

We perceive no basis for reducing defendant's sentence, or running it concurrently with his life sentence on another conviction.


Summaries of

People v. Jones

Supreme Court, Appellate Division, First Department, New York.
Dec 15, 2015
134 A.D.3d 503 (N.Y. App. Div. 2015)
Case details for

People v. Jones

Case Details

Full title:The People of the State of New York, Respondent, v. Lester Q. Jones…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Dec 15, 2015

Citations

134 A.D.3d 503 (N.Y. App. Div. 2015)
23 N.Y.S.3d 6
2015 N.Y. Slip Op. 9201

Citing Cases

People v. Taylor

The defendant failed to preserve for appellate review his contention that the trial court erred in failing to…

People v. Jones

Judge: Decision Reported Below: 1st Dept: 134 AD3d 503 (NY)…