People v. Stewart

4 Citing cases

  1. People v. Case

    197 A.D.3d 985 (N.Y. App. Div. 2021)   Cited 8 times

    Defendant contends that the court erred in denying his challenges for cause to several prospective jurors. Even assuming, arguendo, that the court erred in denying those challenges, we conclude that reversal is not required because defendant failed to exhaust his peremptory challenges (seePeople v. LaValle , 3 N.Y.3d 88, 102, 783 N.Y.S.2d 485, 817 N.E.2d 341 [2004] ; People v. Lynch , 95 N.Y.2d 243, 248, 715 N.Y.S.2d 691, 738 N.E.2d 1172 [2000] ; People v. Stewart , 192 A.D.3d 1498, 1499, 144 N.Y.S.3d 497 [4th Dept. 2021], lv denied 37 N.Y.3d 960, 147 N.Y.S.3d 539, 170 N.E.3d 413 [2021] ). Defendant further contends that he was denied effective assistance of counsel by a litany of alleged errors, including defense counsel's failure to request additional limiting instructions concerning the Molineux /Ventimiglia evidence, his failure to exhaust the defense's peremptory challenges, and his failure to object to testimony concerning sexual assault and abuse in domestic violence cases and testimony regarding the DNA analysis.

  2. People v. Case

    No. 2021-04868 (N.Y. App. Div. Aug. 26, 2021)

    Defendant contends that the court erred in denying his challenges for cause to several prospective jurors. Even assuming, arguendo, that the court erred in denying those challenges, we conclude that reversal is not required because defendant failed to exhaust his peremptory challenges (see People v LaValle, 3 N.Y.3d 88, 102 [2004]; People v Lynch, 95 N.Y.2d 243, 248 [2000]; People v Stewart, 192 A.D.3d 1498, 1499 [4th Dept 2021], lv denied 37 N.Y.3d 960 [2021]). Defendant further contends that he was denied effective assistance of counsel by a litany of alleged errors, including defense counsel's failure to request additional limiting instructions concerning the Molineux / Ventimiglia evidence, his failure to exhaust the defense's peremptory challenges, and his failure to object to testimony concerning sexual assault and abuse in domestic violence cases and testimony regarding the DNA analysis.

  3. People v. Case

    2021 N.Y. Slip Op. 4868 (N.Y. Sup. Ct. 2021)

    Defendant contends that the court erred in denying his challenges for cause to several prospective jurors. Even assuming, arguendo, that the court erred in denying those challenges, we conclude that reversal is not required because defendant failed to exhaust his peremptory challenges (see People v LaValle, 3 N.Y.3d 88, 102 [2004]; People v Lynch, 95 N.Y.2d 243, 248 [2000]; People v Stewart, 192 A.D.3d 1498, 1499 [4th Dept 2021], lv denied 37 N.Y.3d 960 [2021]). Defendant further contends that he was denied effective assistance of counsel by a litany of alleged errors, including defense counsel's failure to request additional limiting instructions concerning the Molineux / Ventimiglia evidence, his failure to exhaust the defense's peremptory challenges, and his failure to object to testimony concerning sexual assault and abuse in domestic violence cases and testimony regarding the DNA analysis.

  4. People v. Stewart

    2021 N.Y. Slip Op. 97816 (N.Y. 2021)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 192 A.D.3d 1498 (Livingston)