Legal Opinion

People v. Merritt

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

Decided November 4, 2002PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 8, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the Supreme Court providently exercised its discretion in replacing a sworn juror after making a “reasonably thorough inquiry” (CPL 270.35 [2] [a]) into the juror’s unavailability, affording the parties the opportunity to be heard and placing the facts and reasons for its determination on the record (see CPL…

2Cases cited3 opinions

  1. People v. JeantyNew York Court of Appeals · 2000
  2. People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. MirandaAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. BastonAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. PlattAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API