Legal Opinion

People v. France

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

Decided October 12, 1999PublishedCited by 8 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered January 13, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the court improperly discharged a sworn juror in the midst of jury selection is unpreserved for appellate review. In any event, the court’s discharge of the juror on the ground that she was unavailable due to her school obligations was not an improvident exercise of discretion (see, CPL 270.35; see generally, People v…

2Cases cited5 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. PageNew York Court of Appeals · 1988
  3. People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. WaldronAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. OyewoleAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by8 opinions

  1. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. SimonAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. PinkneyAppellate Division of the Supreme Court of the State of New York · 2008

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