People v. Owens
| Decision Date | 12 March 2002 |
| Citation | 292 A.D.2d 218,738 N.Y.S.2d 566 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JEFFREY OWENS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Defendant's argument that the court lacked authority to discharge a sworn juror as "grossly unqualified" prior to the completion of jury selection is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would adhere to our prior decisions rejecting that argument (see, People v Marquez, 264 AD2d 634, lv denied 94 NY2d 825; People v O'Kane, 224 AD2d 182, lv denied 88 NY2d 939; People v Green, 216 AD2d 170, lv denied 86 NY2d 842).
The court properly exercised its discretion in declining to provide a "stronger" curative instruction to the panel in response to comments displaying a possible racial bias that had been made by a prospective juror who was ultimately excused for cause. The court's inquiry of the panel and its receipt of appropriate assurances from the prospective jurors were sufficient to deal with this incident (see, People v Davis, 58 NY2d 1102). Further comment by the court would have created the risk of introducing a racial issue where none existed.
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People v. Brown
...and we decline to review it the interest of justice. As an alternative holding, we reject it on the merits (see People v. Owens, 292 A.D.2d 218, 738 N.Y.S.2d 566 [1st Dept. 2002] ). In any event, the juror's situation also constituted an incapacity under CPL 270.15 (see Wells, 15 N.Y.3d at ......
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... ... court could only discharge a sworn juror on the grounds set ... forth in CPL 270.15(3), and we decline to review it the ... interest of justice. As an alternative holding, we reject it ... on the merits (see People v Owens, 292 A.D.2d 218 ... [1st Dept 2002]). In any event, the juror's situation ... also constituted an incapacity under CPL 270.15 (see ... Wells, 15 N.Y.3d at 928) ... Defendant's ... pro se claim of ineffective assistance of counsel is ... ...
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...the wrong standard for discharging a sworn juror before the completion of jury selection is unpreserved (see People v. Owens, 292 A.D.2d 218, 738 N.Y.S.2d 566 [1st Dept. 2002] ), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (s......
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