People v. Radtke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered November 24, 1992, convicting him of murder in the second degree and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
We agree with the defendant’s contention that the trial court improperly dismissed Juror No. 12 during trial as "grossly unqualified” (CPL 270.35) because of his offensive body odor (see, People v Radtke, 155 Misc 2d 21). The standard for discharging a juror as grossly unqualified to serve under CPL 270.35 "is…
2Cases cited11 opinions
- People v. GissendannerNew York Court of Appeals · 1979
- People v. BufordNew York Court of Appeals · 1987
- Priest v. HennessyNew York Court of Appeals · 1980
- In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979
- People v. RogelioNew York Court of Appeals · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BradfordAppellate Division of the Supreme Court of the State of New York · 2002
- People v. HavnerAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ReddickAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.