Legal Opinion

People v. Payne

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

Decided December 30, 2009Published

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of attempted murder in the first degree (Penal Law §§ 110.00, 125.27 [1] [a] [i]; [b]) and criminal possession of a weapon in the second degree (§ 265.03 [former (2)]). Defendant failed to preserve for our review his contention that Supreme Court failed to conduct an adequate inquiry concerning the issue whether certain jurors were grossly unqualified to serve (see People v Fortino, 61 AD3d 1410 [2009], lv denied 12 NY3d 925 [2009]; People v Clark, 28 AD3d 1190 [2006]), and we decline to exercise our power to…

2Cases cited5 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. FortinoAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2006

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