Legal Opinion

People v. Aybinder

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

Decided May 9, 1995PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered November 17, 1993, convicting defendant, after a jury trial, of sodomy in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Juror bias against two of the People’s witnesses justifying the juror’s discharge as grossly unqualified (CPL 270.35; see, People v Buford, 69 NY2d 290, 298), was provided by the juror’s statements to the court that he was "upset” by an incident he observed during a break that left him with the impression that the witnesses were not taking the case seriously, and…

2Cases cited3 opinions

  1. People v. BufordNew York Court of Appeals · 1987
  2. People v. McDanielNew York Court of Appeals · 1993
  3. People v. TerrenceAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. ArredondoAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BoddieAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. OlsowskeAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. RawlinsonAppellate Division of the Supreme Court of the State of New York · 2001

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