People v. Gaines

Decision Date10 February 1999
Citation258 A.D.2d 921,687 N.Y.S.2d 920
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>GLASTON GAINES, Appellant.
CourtNew York Supreme Court — Appellate Division

Present — Pine, J.P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.

Judgment unanimously affirmed.

Memorandum:

County Court properly granted the People's motion to dismiss a sworn juror for cause while jury selection was still in progress (see, CPL 270.15 [4]). We defer to the assessment of the trial court that the juror had "a state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20 [1] [b]; see, People v Torpey, 63 NY2d 361, rearg denied 64 NY2d 885; People v Johnson, 252 AD2d 967, affd 92 NY2d 976).

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5 cases
  • Scott v. Fisher, 03-CV-6274 (VEB).
    • United States
    • U.S. District Court — Western District of New York
    • 10 de setembro de 2009
    ...of conviction was affirmed by this the Appellate Division, Fourth Department of New York State Supreme Court. People v. Gaines, 258 A.D.2d 921, 687 N.Y.S.2d 920 (4th Dept.1999). After Gaines told police that defendant had solicited him to rob the victim, petitioner was questioned and made a......
  • People v. Alexander M. W.
    • United States
    • New York Supreme Court — Appellate Division
    • 1 de novembro de 2018
    ...CPL 270.15 [4 ]; 270.20 [1] [b]; People v. Scott, 16 N.Y.3d 589, 595, 925 N.Y.S.2d 384, 949 N.E.2d 475 [2011] ; People v. Gaines, 258 A.D.2d 921, 921, 687 N.Y.S.2d 920 [1999], lv denied 93 N.Y.2d 899, 689 N.Y.S.2d 711, 711 N.E.2d 987 [1999] ). Moreover, to the extent that defendant contends......
  • People v. Scott
    • United States
    • New York Supreme Court — Appellate Division
    • 18 de junho de 1999
    ...of murder in the second degree in a separate trial, and the judgment of conviction was affirmed by this Court (People v. Gaines, --- A.D.2d ----, 687 N.Y.S.2d 920). After Gaines told police that defendant had solicited him to rob the victim, defendant was questioned and made a statement to ......
  • MATTER OF PALMER v. Fabry
    • United States
    • New York Supreme Court — Appellate Division
    • 10 de fevereiro de 1999
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