From Casetext: Smarter Legal Research

People v. Burks

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 476 (N.Y. App. Div. 2000)

Opinion

Submitted March 6, 2000.

May 15, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered February 3, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Robin C. Smith, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Florence M. Sullivan, and Karen Marcus of counsel), for respondent.

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the trial court erred in denying his challenges for cause against four prospective jurors who were predisposed to find him guilty is not preserved for appellate review (see, CPL 470.05). Furthermore, since the defendant did not exhaust his peremptory challenges any erroneous ruling by the trial court did not constitute reversible error (see, CPL 270.20). In any event, the voir dire minutes do not support the defendant's assertion that the subject jurors displayed actual bias or otherwise indicated that they would be unable to render an impartial verdict (see, CPL 270.20[b]; People v. Gibson, 265 A.D.2d 492; People v. Earl, 255 A.D.2d 394).

The defendant's contention that the trial court failed to give a charge regarding flight is unpreserved for appellate review (see, CPL 470.05; People v. Smith, 203 A.D.2d 603). In any event, the defense counsel specifically requested that the trial court not give such a charge.

MANGANO, P.J., BRACKEN, McGINITY and LUCIANO, JJ., concur.


Summaries of

People v. Burks

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 476 (N.Y. App. Div. 2000)
Case details for

People v. Burks

Case Details

Full title:THE PEOPLE, etc., respondent, v. ROBERT BURKS, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 2000

Citations

272 A.D.2d 476 (N.Y. App. Div. 2000)
708 N.Y.S.2d 318

Citing Cases

People v. Wilborn

The defendant did not preserve for appellate review his contention in his pro se supplemental brief regarding…

People v. Valerio

Moreover, the court instructed the jurors that they were the finders of fact, that the arguments of counsel…