People v. Marchena
| Decision Date | 25 March 2003 |
| Citation | 759 N.Y.S.2d 3,303 A.D.2d 295 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JESUS MARCHENA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
There is no indication that a deliberating juror's impending airline flight had any effect on his ability to deliberate and render a verdict fairly and impartially. Jury deliberations continued past the scheduled time of the juror's flight, and the jury ultimately reached a verdict without incident. Defendant's claim that the impending flight had affected the juror's ability to reach a verdict is conjectural (cf. People v Agosto, 73 NY2d 963, 966-967 [1989]).
Defendant's mandatory minimum sentence for first-degree sale is not unconstitutional (see People v Thompson, 83 NY2d 477 [1994]).
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them and find no basis upon which to dismiss any of the counts.
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...that defendant was deprived of a fair trial, and his arguments to the contrary are speculative (see e.g. People v. Marchena, 303 A.D.2d 295, 759 N.Y.S.2d 3 [1st Dept.2003], lv. denied 100 N.Y.2d 584, 764 N.Y.S.2d 394, 796 N.E.2d 486 [2003] ).We perceive no basis for reducing the sentence.SW......
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