Legal Opinion
People v. Echevarria
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2006PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered January 8, 2004, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and as a matter of discretion in the interest of justice, and a new trial is ordered.
Under the circumstances presented, the Supreme Court improvidently exercised its discretion in discharging a sworn juror (see CPL 270.35). The juror was merely scheduled for a future medical examination, but was not unavailable at…
2Cases cited5 opinions
- People v. PageNew York Court of Appeals · 1988
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GraceAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GermainAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2007
- People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BondsAppellate Division of the Supreme Court of the State of New York · 2018