People v. Wynn

• Decision Date: 09 March 1998
• Citation: 248 A.D.2d 494,668 N.Y.S.2d 930
• Parties: 1998 N.Y. Slip Op. 2050 The PEOPLE, etc., Respondent, v. Stephen L. WYNN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 930

668 N.Y.S.2d 930

1998 N.Y. Slip Op. 2050

The PEOPLE, etc., Respondent, v. Stephen L. WYNN, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

March 9, 1998.

Stephen J. Pittari, White Plains (Robert W. Stieve, of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains (Valeria A. Livingston and Maryanne Luciano, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered October 30, 1996, convicting him of assault in the third degree and resisting arrest, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the mere fact that the complainant was employed by the Westchester County District Attorney's Office did not warrant disqualification of the prosecutor and did not render the Grand Jury proceedings defective (see, People v. Seymour, 225 A.D.2d 487, 639 N.Y.S.2d 821; People v. Freeman, 172 A.D.2d 1045, 569 N.Y.S.2d 857).

There is no merit to the defendant's contention that the trial court erred in accepting the People's explanations for challenging two black venirepersons during jury selection (see, People v. Celestine, --- A.D.2d ----, 665 N.Y.S.2d 278; People v. Brooks, --- A.D.2d ----, 661 N.Y.S.2d 987).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MILLER, J.P., and ALTMAN, KRAUSMAN and LUCIANO, JJ., concur.