From Casetext: Smarter Legal Research

People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 463 (N.Y. App. Div. 1997)

Opinion

March 17, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered May 2, 1995, convicting him of attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

Before: Rosenblatt, J.P., Miller, Ritter and Copertino, JJ.


Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his present claim that the court's response to a juror's oral inquiry was inaccurate and prejudicial, since he failed to raise to the trial court the specific ground he now raises on this appeal ( see, CPL 470.05; People v Balls, 69 NY2d 641, 642; see also, People v Stewart, 81 NY2d 877, 878-879; cf., People v DeRosario, 81 NY2d 801, 803). In any event, the trial court's response to the juror's oral inquiry does not warrant reversal as the defendant was not prejudiced thereby ( see, People v Agosto, 73 NY2d 963, 967; People v Austin, 199 AD2d 325, 326; People v Beckham, 11A AD2d 748, 750; People v Nevins, 178 AD2d 107, 108).

Contrary to the defendant's contention, the court did not err in dismissing, sua sponte, a prospective juror who was having great difficulty understanding the court's questions ( see, People v Vargas, 88 NY2d 363, 379; People v Mitchell, 224 AD2d 316; People v Scruggs, 201 AD2d 514, 515; see also, People v Decker, 157 NY 186, 190-191; People v Torres, 164 AD2d 923, 924; People v Little, 57 Misc 2d 1059, 1061).

The defendant's remaining contentions are without merit.


Summaries of

People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 463 (N.Y. App. Div. 1997)
Case details for

People v. Maldonado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE MALDONADO…

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

Date published: Mar 17, 1997

Citations

237 A.D.2d 463 (N.Y. App. Div. 1997)
655 N.Y.S.2d 541

Citing Cases

People v. Kisson

Instead, he chose to sit silently while the trial court responded to the jury's note. Accordingly, the…

People v. Jose

The defendant's current contention that a juror was incompetent, unable to perceive information accurately,…