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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
May 23, 1991
173 A.D.2d 359 (N.Y. App. Div. 1991)

Summary

concluding that the defendant did not preserve for appellate review an objection to an allegedly sleeping juror when the defendant did not request an in camera interview with the juror or object to the trial court's apparent inquiry by means of personally observing the jurors

Summary of this case from Forgette v. People

Opinion

May 23, 1991

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


Contrary to defendant's argument, sufficient evidence was adduced at trial to support the conclusion that defendant, while robbing the complainant, caused her physical injury. Complainant was punched, scratched, held in a choke hold and thrown against a wall, resulting in bleeding from some of her wounds. In addition, as a consequence of the attack, the complainant suffered a permanent scar below her left eye. The scar alone was impairment sufficient to constitute physical injury (see, Penal Law § 10.00; People v Tejeda, 165 A.D.2d 683).

Defendant was not denied a fair trial when the court declined to submit the lesser charge of petit larceny to the jury. There is no reasonable view of the facts from which one could conclude that only the lesser offense was committed (see, People v Glover, 57 N.Y.2d 61). Based upon this evidence, it would be unreasonable to conclude that defendant intended solely to assault the complainant and not rob her.

Defendant also argues that he was denied a fair trial because the Trial Judge failed to inquire whether a juror, who appeared to defense counsel to have been sleeping, had missed any of the testimony, and was therefore, grossly unqualified to serve (CPL 270.35). This argument, raised for the first time on appeal, is unpreserved (CPL 470.05). Defense counsel did not request an in camera interview with the juror, nor did he object to the Trial Judge's apparent inquiry by means of personally observing the jurors (see generally, People v Brown, 160 A.D.2d 172, lv denied 76 N.Y.2d 785).

Concur — Milonas, J.P., Rubin, Asch, Kassal and Smith, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
May 23, 1991
173 A.D.2d 359 (N.Y. App. Div. 1991)

concluding that the defendant did not preserve for appellate review an objection to an allegedly sleeping juror when the defendant did not request an in camera interview with the juror or object to the trial court's apparent inquiry by means of personally observing the jurors

Summary of this case from Forgette v. People
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JONES, Appellant

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

Date published: May 23, 1991

Citations

173 A.D.2d 359 (N.Y. App. Div. 1991)
570 N.Y.S.2d 4

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