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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 638 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (Cooperman, J.).


Ordered that the judgment is affirmed.

The defendant contends that he is entitled to a new trial because the court incorrectly dismissed two prospective jurors, one of whom advised the court during voir dire that he was scheduled to undergo long-awaited surgery in two days' time. We disagree and find that the court's dismissals of the prospective jurors were proper exercises of discretion ( see generally, People v. Page, 72 N.Y.2d 69, 73; cf., People v. Oyewole, 220 A.D.2d 624).

The defendant's remaining contentions are unpreserved for appellate review ( see, CPL 470.05) and we decline to review them in the exercise of our interest of justice jurisdiction.

O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 638 (N.Y. App. Div. 1999)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ…

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

Date published: Mar 15, 1999

Citations

259 A.D.2d 638 (N.Y. App. Div. 1999)
687 N.Y.S.2d 648

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