From Casetext: Smarter Legal Research

People v. Jose

Appellate Division of the Supreme Court of New York, Second Department
Jul 18, 2006
31 A.D.3d 670 (N.Y. App. Div. 2006)

Opinion

2004-02499.

July 18, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered March 16, 2004, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Before: Schmidt, J.P., Santucci, Luciano and Covello, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's current contention that a juror was incompetent, unable to perceive information accurately, and unfit to serve, is unpreserved for appellate review ( see People v Gray, 86 NY2d 10, 19). The defendant failed to alert the trial court to his specific claims ( see People v Gray, supra at 19; People v Wall, 248 AD2d 650; People v Maldonado, 237 AD2d 463), and the trial court made no specific or express findings concerning those claims ( see CPL 470.05; cf. People v Edwards, 95 NY2d 486, 491; People v Parson, 282 AD2d 477, 478.]). In any event, there is no evidence in the record that the juror demonstrated incompetency or incapacity that called into question his ability to serve as a juror ( see generally People v Guzman, 76 NY2d 1, 5; People v Pagan, 191 AD2d 651; cf. People v Leader, 285 AD2d 823, 824), and render an impartial verdict ( People v Rodriguez, 100 NY2d 30, 34-36), or that a substantial right of the defendant was prejudiced ( see CPL 330.30; People v Rodriguez, supra at 34-36; People v Ceresoli, 88 NY2d 925, 926; People v Irizarry, 83 NY2d 557, 561; People v Clark, 81 NY2d 913, 914-915).


Summaries of

People v. Jose

Appellate Division of the Supreme Court of New York, Second Department
Jul 18, 2006
31 A.D.3d 670 (N.Y. App. Div. 2006)
Case details for

People v. Jose

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RIVERA, Appellant

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

Date published: Jul 18, 2006

Citations

31 A.D.3d 670 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5825
817 N.Y.S.2d 919

Citing Cases

People v. Torres

40[2][g]; People v. Marsden , 130 A.D.3d 945, 946–947, 16 N.Y.S.3d 563 ). As the Supreme Court's…