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People v. Quintana

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 101 (N.Y. App. Div. 1999)

Opinion

June 10, 1999.

Appeal from the Supreme Court, New York County (Martin Rettinger, J.).


Defendant was not prejudiced by the court's acceptance of a verdict without having responded to, or inquired about, a note from a deliberating juror indicating that another juror had not been properly participating in the deliberation process, and a note from the jury requesting a read back of certain testimony. In its subsequent note announcing that it had reached a verdict, the jury expressly withdrew the note requesting a read-back, and the fact that a verdict was reached carried the implication that any other problem had been resolved ( see, People v. Agosto, 73 N.Y.2d 963, 966-967; People v. Diaz, 254 A.D.2d 233; People v. Fuentes, 246 A.D.2d 474, lv denied 91 N.Y.2d 941).

We conclude that the court's restrictions on defendant's cross-examination of a police witness could not have deprived defendant of a fair trial.

Concur — Sullivan, J.P., Williams, Wallach, Lerner and Friedman, JJ.


Summaries of

People v. Quintana

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 101 (N.Y. App. Div. 1999)
Case details for

People v. Quintana

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER QUINTANA…

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

Date published: Jun 10, 1999

Citations

262 A.D.2d 101 (N.Y. App. Div. 1999)
689 N.Y.S.2d 636

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