From Casetext: Smarter Legal Research

People v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 482 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Kings County (Demarest, J.).


Ordered that the judgment, as amended, is affirmed.

The trial court did not improvidently exercise its discretion by denying the defendant's challenge for cause of a prospective juror. The record fails to support the defendant's contention that the prospective juror's predisposition stemming from the burglary of her home four years earlier created a "substantial risk" that she would be unable to discharge her responsibilities as a juror (see, People v. Williams, 63 N.Y.2d 882; People v Pagan, 191 A.D.2d 651; People v. Ramos, 196 A.D.2d 787; CPL 270.20 [b]).

In addition, no reversible error took place by the People's introduction of rebuttal testimony concerning the appearance of the complainant's injuries. That testimony was relevant to an issue in the trial inasmuch as it was inconsistent with the defendant's proffered explanation of how the complainant sustained her injuries (see, People v. Cade, 73 N.Y.2d 904; People v. Pavao, 59 N.Y.2d 282; People v. Harris, 57 N.Y.2d 335, cert denied 460 U.S. 1047; People v. Wise, 46 N.Y.2d 321; People v. Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846; Richardson, Evidence §§ 491, 517 [Prince 10th ed]).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit. O'Brien, J.P., Ritter, Copertino and Krausman, JJ., concur.


Summaries of

People v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 482 (N.Y. App. Div. 1995)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERROLL CAMPBELL…

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 482 (N.Y. App. Div. 1995)
628 N.Y.S.2d 387

Citing Cases

People v. Williams

The court did not err by denying the defendant's challenge for cause of a prospective juror. The record does…

People v. Sumpter

ed that he could be fair and "did not manifestly indicate partiality"]; People v Williams, 222 AD2d 627…