Legal Opinion

People v. Burgess

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 2001PublishedCited by 9 opinions

1Opinion of the Court

—Judgment, *265Supreme Court, New York County (Nicholas Figueroa, J.), rendered December 18, 1996, as amended March 3, 1997, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 5V2 years and 2V2 to 5 years, respectively, unanimously affirmed.

The court’s decision to designate the second-drawn juror as foreperson, over defendant’s objection, after the first-drawn juror refused to serve in that capacity, does not warrant reversal (see, CPL 470.05 [1]). Although CPL 270.15 (3)…

2Cases cited5 opinions

  1. People v. BeneventoNew York Court of Appeals · 1998
  2. People v. PageNew York Court of Appeals · 1988
  3. People v. RosaNew York Supreme Court · 1984
  4. People v. DemchenkoAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. MarcheseAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by9 opinions

  1. People v. ArguinzoniAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. BosticAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. VelazquezAppellate Division of the Supreme Court of the State of New York · 2012
  5. ALEXANDER, BRANDY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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