Opinion
03-29-2016
The PEOPLE & c., Respondent, v. Ronnell JORDAN, Appellant.
White & Case LLP, New York City (Kevin C. Adam, James Trainor and Louis O'Neill of counsel), and Lynn W.L. Fahey, Appellate Advocates, New York City, for appellant. Kenneth P. Thompson, District Attorney, Brooklyn (Amy Appelbaum of counsel), for respondent.
White & Case LLP, New York City (Kevin C. Adam, James Trainor and Louis O'Neill of counsel), and Lynn W.L. Fahey, Appellate Advocates, New York City, for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn (Amy Appelbaum of counsel), for respondent.
Opinion
MEMORANDUM: The order of the Appellate Division should be affirmed. Defendant failed to preserve his contention that the trial court discharged prospective jurors based on hardship without conducting a sufficient inquiry (see People v. King, 27 N.Y.3d 147, 31 N.Y.S.3d 402, 50 N.E.3d 869 [decided herewith] ). Defendant's remaining contentions are without merit.
RIVERA, J (dissenting):
For the reasons stated in my dissenting opinion in People v. King, 27 N.Y.3d 147, 31 N.Y.S.3d 402, 50 N.E.3d 869, (decided herewith), I would reverse the order of the Appellate Division on the sole ground that the judge's jury selection process denied defendant his right to a jury trial.
Judges PIGOTT, ABDUS–SALAAM, STEIN and FAHEY concur. Judge RIVERA dissents in an opinion. Chief Judge DIFIORE and Judge GARCIA took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order affirmed, in a memorandum.