PEOPLE v. MARTINEZ (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Gerald MARTINEZ, a/k/a Genaro Geraldino, Defendant-Appellant.

Decided: May 13, 1997

Before ELLERIN, J.P., and WALLACH, RUBIN and MAZZARELLI, JJ.

Melissa Goldstein, for respondent. Robert Katz, for defendant-appellant.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 22, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/2 to 9 years, unanimously affirmed.

Defendant's claim that the court erred in excusing a prospective juror is unpreserved for appellate review since defense counsel made no objection to the juror's excusal (People v. Hopkins, 76 N.Y.2d 872, 873, 560 N.Y.S.2d 982, 561 N.E.2d 882). Were we to review the claim in the interest of justice, we would find that the court properly exercised its discretion in excusing the prospective juror during the pre-voir dire screening (see, People v. Velasco, 77 N.Y.2d 469, 473, 568 N.Y.S.2d 721, 570 N.E.2d 1070).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

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.

Go To Learn About The Law