People v. Grant

• Decision Date: 19 April 1996
• Citation: 226 A.D.2d 1092,642 N.Y.S.2d 110
• Parties: PEOPLE of the State of New York, Respondent, v. Desmond GRANT, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 110

642 N.Y.S.2d 110

226 A.D.2d 1092

PEOPLE of the State of New York, Respondent, v. Desmond GRANT, Appellant.

Supreme Court, Appellate Division, Fourth Department.

April 19, 1996.

Before GREEN, J.P., and PINE, FALLON, DOERR and DAVIS, JJ.

MEMORANDUM:

The requests for an adjournment and a mistrial, based upon defendant's alleged need to obtain further psychiatric evaluations, were properly denied. Defendant had ample opportunity to obtain such evaluations in support of a possible insanity defense prior to the commencement of trial (see, People v. Herring, 225 A.D.2d 1065, 639 N.Y.S.2d 604 (1996); People v. Santos, 179 A.D.2d 790, 791, 579 N.Y.S.2d 130, lv. denied 79 N.Y.2d 953, 583 N.Y.S.2d 207, 592 N.E.2d 815). County Court did not abuse its discretion in denying the motion for recusal (see, People v. Montgomery, 224 A.D.2d 914, 637 N.Y.S.2d 577 (1996)). Contrary to defendant's contention, the court had the benefit of an updated presentence report. The sentence imposed is not unduly harsh or severe.

The court properly denied without a hearing defendant's challenge to the panel of prospective jurors (see, CPL 270.10). The affidavit supporting that challenge fails to set forth sufficient facts substantiating defendant's allegation that the process of selecting prospective jurors in Niagara County resulted in the systematic exclusion of African Americans (see, People v. Mitchell, 155 A.D.2d 695, 548 N.Y.S.2d 261, lv. denied 75 N.Y.2d 815, 552 N.Y.S.2d 565, 551 N.E.2d 1243; People v. Liberty, 67 A.D.2d 776, 777, 412 N.Y.S.2d 699). We note that, following defendant's trial, Judiciary Law § 506 was amended to further the interest of both the defendant and the State in ensuring that the jury pool is drawn "from a fair cross-section of the community" (Judiciary Law § 500; see, People v. Guzman, 60 N.Y.2d 403, 469 N.Y.S.2d 916, 457 N.E.2d 1143, cert. denied 466 U.S. 951, 104 S.Ct. 2155, 80 L.Ed.2d 541; Marcus v. Levin, 198 A.D.2d 214, 603 N.Y.S.2d 323, appeal dismissed 83 N.Y.2d 847, 612 N.Y.S.2d 109, 634 N.E.2d 605, cert. denied 513 U.S. 860, 115 S.Ct. 169, 130 L.Ed.2d 106). The amendment expands the source of names of prospective jurors to include "persons applying for or receiving aid to dependent children, medical assistance or home relief [and] persons receiving state unemployment benefits" (L.1994, ch. 442, § 2).

Judgment unanimously affirmed.