People v. Yong Yun Lee
| Citation | 92 N.Y.2d 987,684 N.Y.S.2d 161,706 N.E.2d 1185 |
| Parties | , 706 N.E.2d 1185, 1998 N.Y. Slip Op. 10,516 The PEOPLE of the State of New York, Respondent, v. YONG YUN LEE, Appellant. |
| Decision Date | 01 December 1998 |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
Defendant was convicted, after a jury trial, of robbery, burglary and related charges. The evidence at trial was that defendant and others entered a doctor's office and robbed both the doctor and his wife. Prior to being robbed, the doctor was able to call the police, and defendant and his companions were arrested on the scene. During the trial, defendant's wife directed the following remark in Chinese to a testifying complaining witness: The defense attorney moved for a mistrial but, after the court interviewed the jurors, his request was denied. Following this statement the court questioned each juror as to the effect the remark might have on his or her ability to render a fair and impartial verdict. One juror, who stated that he might blame the defendant for the remark, was excused. A second juror answered the court's inquiry by stating, No further questions were put to the juror. The defense attorney did not seek further questioning or removal of the juror, but merely asked that the members of the jury be given a cautionary instruction that they ignore the remarks of defendant's wife in their deliberations. The Judge gave that instruction.
We reject defendant's contention that the trial court's failure to remove the second juror fell into the limited category of "mode of proceedings" errors, that is, errors which are so adverse to fundamental trial procedures that they taint the entire trial and do not require preservation (People v. Gray, 86 N.Y.2d 10, 21-22, 629 N.Y.S.2d 173, 652 N.E.2d 919; People v. Agramonte, 87 N.Y.2d 765, 769-770, 642 N.Y.S.2d 594, 665 N.E.2d 164).
We also reject the defendant's contention that consecutive sentences could not be imposed. The court sentenced the defendant to 12 1/2 to 25 years for the robbery of the doctor, 12 1/2 to 25 years for the robbery of the...
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