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People v. Tyler

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 2005
17 A.D.3d 239 (N.Y. App. Div. 2005)

Opinion

5889.

April 21, 2005.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 20, 2002, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree (two counts), robbery in the first degree and sexual abuse in the first degree (three counts), and sentencing him, as a second felony offender, to an aggregate term of 35 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.

Demond Tyler, appellant pro se.

Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), for respondent.

Concur — Marlow, J.P., Ellerin, Nardelli, Williams and Sweeny, JJ.


The court properly denied defendant's challenge for cause to a prospective juror since the totality of her responses established that she could be a fair juror ( see People v. Arnold, 96 NY2d 358, 362). She provided an unequivocal assurance of her impartiality, and her use of the phrase "I think so" does not warrant a different conclusion ( see People v. Chambers, 97 NY2d 417, 419).

The contentions contained in defendant's pro se supplemental brief are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.


Summaries of

People v. Tyler

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 2005
17 A.D.3d 239 (N.Y. App. Div. 2005)
Case details for

People v. Tyler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMOND TYLER, Appellant

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

Date published: Apr 21, 2005

Citations

17 A.D.3d 239 (N.Y. App. Div. 2005)
793 N.Y.S.2d 44

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