Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
PEOPLE of the State of New York, Plaintiff-Respondent, v. Hyman BROWN, Defendant-Appellant.
Defendant appeals from a judgment convicting him following a jury trial of, inter alia, grand larceny in the fourth degree (Penal Law § 155.30[1] ). We reject the contention of defendant that Supreme Court erred in denying his challenge for cause to a prospective juror who had previously been employed as a law enforcement officer. The statement of the prospective juror regarding his evaluation of police testimony did not indicate that he possessed “a state of mind that [was] likely to preclude him from rendering an impartial verdict” (CPL 270.20[1][b]; see People v. De La Cruz, 223 A.D.2d 472, 473, 636 N.Y.S.2d 788, lv. denied 88 N.Y.2d 846, 644 N.Y.S.2d 692, 667 N.E.2d 342). In any event, even if the initial statements of the prospective juror raised a serious doubt regarding his ability to be impartial, we conclude that the prospective juror ultimately stated unequivocally that he could be fair (see People v. Chambers, 97 N.Y.2d 417, 419, 740 N.Y.S.2d 291, 766 N.E.2d 953). We reject the further contention of defendant that the verdict finding him guilty of grand larceny is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
MEMORANDUM:
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 03, 2006
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)