People v. Jean
| Decision Date | 19 December 1989 |
| Parties | , 551 N.E.2d 90 The PEOPLE of the State of New York, Respondent, v. Nyeirere JEAN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Lawrence K. Marks and Philip L. Weinstein, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty. (Richard T. Faughnan and Barbara D. Underwood, Brooklyn, of counsel), for respondent.
The order of the Appellate Division should be affirmed. 146 A.D.2d 803, 537 N.Y.S.2d 282.
During the court's voir dire in this case, each member of three panels of prospective jurors orally answered a detailed biographical questionnaire, and when necessary and in response to questioning by the court, clarified those answers. The trial court, over defendant's objection, then exercised its discretion by imposing a time limit of 15 minutes on each attorney's voir dire in the first two rounds and 10 minutes for the third round. As a result of these time limits, defense counsel did not individually question some of the prospective jurors, although he was able to direct questions at each of the panels as a group. Although the court provided defense counsel with the opportunity, at a later time, to make a record of questions he claims he was unable to pose to the individual jurors, defense counsel never made such a record.
A trial court has broad discretion to restrict the scope of voir dire by counsel (People v. Pepper, 59 N.Y.2d 353, 358, 465 N.Y.S.2d 850, 452 N.E.2d 1178; People v. Boulware, 29 N.Y.2d 135, 140, 324 N.Y.S.2d 30, 272 N.E.2d 538) and indeed must preclude repetitive or irrelevant questioning (CPL 270.15[1][c]. Any restrictions imposed on voir dire, however, must nevertheless afford defense counsel a fair opportunity to question prospective jurors about relevant matters (People v. Boulware, 29 N.Y.2d, at 140, 324 N.Y.S.2d 30, 272 N.E.2d 538). The record before us does not support the conclusion that the trial court abused its discretion in this case or that the defendant was prejudiced by the court's exercise of its discretion (id.; People v. Pepper, 59 N.Y.2d, at 358-359, 465 N.Y.S.2d 850, 452 N.E.2d 1178).
Under the circumstances of this case, defendant's additional contention that the time limits imposed deprived him of his constitutional right to a fair and impartial jury is without merit (see, Rosales-Lopez v. United States, 451 U.S. 182, 189-190, 101 S.Ct. 1629, 1634-35, 68 L.Ed.2d 22).
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People v. Flores
...matter (see CPL 270.15[1][c] ; People v. Steward, 17 N.Y.3d 104, 110, 926 N.Y.S.2d 847, 950 N.E.2d 480 ; People v. Jean, 75 N.Y.2d 744, 745, 551 N.Y.S.2d 889, 551 N.E.2d 90 ).A third factor leading to a harmless error conclusion involves the nature of the trial court's error. Some jury-rela......
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People v. Vargas
...trial proceedings generally and the process of voir dire examination of prospective jurors in particular (see, People v. Jean, 75 N.Y.2d 744, 745, 551 N.Y.S.2d 889, 551 N.E.2d 90 [trial court has discretion to limit examination by counsel on voir dire]; see also, People v. Pepper, 59 N.Y.2d......
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...the court's repeated reassurance that it would permit additional time if necessary (see CPL 270.15[1][b] ; People v. Jean, 75 N.Y.2d 744, 745, 551 N.Y.S.2d 889, 551 N.E.2d 90 [1989] ; People v. Marlett, 191 A.D.3d 1183, 1186–1187, 141 N.Y.S.3d 191 [2021], lv denied 37 N.Y.3d 966, 148 N.Y.S.......
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People v. Marlett
... ... Jean, 75 N.Y.2d 744, 745, 551 N.Y.S.2d 889, 551 N.E.2d 90 [1989] ; People v. Sewnarine, 156 A.D.3d 459, 459, 66 N.Y.S.3d 244 [2017], lv denied 31 N.Y.3d 1087, 79 N.Y.S.3d 109, 103 N.E.3d 1256 [2018] ; People v. Erickson, 156 A.D.2d 760, 761, 549 N.Y.S.2d 182 [1989], lv denied 75 N.Y.2d 966, 556 N.Y.S.2d ... ...
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Judicial conduct
...of prospective jurors, object (or join in opposing counsel’s objection) and state reasons on the record. CASES People v. Jean , 75 N.Y.2d 744, 551 N.E.2d 90 (1989). Time limit imposed on each attorney’s voir dire , following court voir dire , did not deprive defense counsel of fair opportun......
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Table of cases
...620, 695 N.Y.S.2d 715 (1999), § 5:180 People v. Jamison, 47 N.Y.2d 882, 419 N.Y.S.2d 472 (1979), §§ 15:40, 17:70, 17:80 People v. Jean, 75 N.Y.2d 744, 551 N.Y.S.2d 889 (1989), §§ 2:170, 2:180, 2:250 People v. Jenkins, 302 A.D.2d 242, 756 N.Y.S.2d 151 (1st Dept. 2003), §§ 5:20, 5:70 People v......
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Judicial conduct
...of prospective jurors, object (or join in opposing counsel’s objection) and state reasons on the record. CASES People v. Jean , 75 N.Y.2d 744, 551 N.E.2d 90 (1989). Time limit imposed on each attorney’s voir dire, following court voir dire, did not deprive defense counsel of fair opportunit......
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Judicial conduct
...of prospective jurors, object (or join in opposing counsel’s objection) and state reasons on the record. CASES People v. Jean , 75 N.Y.2d 744, 551 N.E.2d 90 (1989). Time limit imposed on each attorney’s voir dire, following court voir dire, did not deprive defense counsel of fair opportunit......