From Casetext: Smarter Legal Research

People v. Richards

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1999
267 A.D.2d 18 (N.Y. App. Div. 1999)

Opinion

December 2, 1999

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered September 18, 1996, convicting defendant, after a jury trial, of manslaughter in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 5 to 15 years, unanimously affirmed.

David A. Shimkin, for respondent.

Bertrand J. Kahn, for defendant-appellant.

SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, SAXE, JJ.


The trial court properly determined that a sworn juror was grossly unqualified. Despite several inquiries by the court during voir dire, the juror withheld information about her criminal case that was pending in the same court building. After a thorough inquiry, the court reasonably concluded from the totality of the juror's conduct and responses that this juror possessed a state of mind that would have influenced her deliberations and prevented her from rendering an impartial verdict (see, CPL 270.35;People v. Buford, 69 N.Y.2d 290, 298; People v. Tamayo, 256 A.D.2d 98, lv denied N Y 2d [June 25, 1999], 1999 N Y LEXIS 2722; People v. Boston, 182 A.D.2d 494 lv denied 80 N.Y.2d 894).

We perceive no abuse of sentencing discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Richards

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1999
267 A.D.2d 18 (N.Y. App. Div. 1999)
Case details for

People v. Richards

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT RICHARDS…

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

Date published: Dec 2, 1999

Citations

267 A.D.2d 18 (N.Y. App. Div. 1999)
698 N.Y.S.2d 490

Citing Cases

People v. Payton

Contrary to the defendant's contentions, the trial court properly determined that a sworn juror was grossly…

People v. Hall

Were we to review this claim, we would find that the court properly exercised its discretion in affording the…