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State of N.Y. v. Narvaez

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
34 A.D.3d 847 (N.Y. App. Div. 2006)

Opinion

No. 2005-00600.

November 28, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered January 6, 2005, convicting him of course of sexual conduct against a child in the first degree (two counts), rape in the second degree (18 counts), and rape in the third degree, upon a jury verdict, and imposing sentence.

Before: Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.


Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's challenge for cause to a prospective juror, whose former relative was the victim of sexual abuse, since the prospective juror gave an unequivocal assurance that she could be fair and impartial ( see People v Arnold, 96 NY2d 358, 363; People v Nowlin, 297 AD2d 554; People v Cherry, 286 AD2d 913).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

State of N.Y. v. Narvaez

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
34 A.D.3d 847 (N.Y. App. Div. 2006)
Case details for

State of N.Y. v. Narvaez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis NARVAEZ, Appellant

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

Date published: Nov 28, 2006

Citations

34 A.D.3d 847 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9020
823 N.Y.S.2d 914

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