Legal Opinion · Dissent

The People v. Urselina King

New York Court of Appeals

Decided March 29, 2016No. 10Published

1DissentRivera, J.

I agree with the majority that defendant’s third-party culpability claim is without merit. However, I would reverse the Appellate Division on the grounds that the jury selection process employed by the judge violated the defendant’s right to a trial by jury, and defendant was denied a fair trial due to her defense counsel’s failure to object to the prosecution’s inflammatory, irrevelant, and prejudicial gender-based summation comments. Therefore, I dissent.

I. Improper Delegation of a Judicial Function

Defendant challenges the trial judge’s jury selection procedure of permitting prospective…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. Frontiero v. RichardsonSupreme Court of the United States · 1973

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