People v. Aybinder
Appellate Division of the Supreme Court of the State of New York
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
- People v. BufordNew York Court of Appeals · 1987
- People v. McDanielNew York Court of Appeals · 1993
- People v. TerrenceAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ArredondoAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BoddieAppellate Division of the Supreme Court of the State of New York · 1996
- People v. OlsowskeAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RawlinsonAppellate Division of the Supreme Court of the State of New York · 2001
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