People v. Anderson
Opinion of the Court
Defendant’s version differs sharply. He states that when they entered his room, they smoked "two joints” and he left the room to go downstairs to purchase some more marihuana. At this time defendant noticed that $25 he claims to have borrowed from another roomer in the hotel was missing, and he accused the victim of having taken it. He struck her when she denied the accusation and was attempting to look into her bra for the money when she started to cry rape.
Defendant was subsequently indicted for unlawful imprisonment in the second degree, attempted rape in the first degree and assault in the second degree, and was found guilty as charged. He was sentenced to concurrent prison terms of 5 to 15 years for the first two crimes and a one-year concurrent term for the third crime.
On this appeal defendant initially argues that County Court’s discharge of an already sworn juror was error. This juror had expressed his concern that there were no black persons on a jury that was to decide a case which involved a black defendant and a black victim. When informed that he was required to be fair and impartial, the juror stated, "That is what I’m afraid of. I feel my judgment may be colored, distorted”. The juror was discharged by the court as "grossly unqualified” pursuant to CPL 270.35. We find no error in this regard (see, People v Galvin, 112 AD2d 1090; People v West, 92 AD2d 620, revd 62 NY2d 708; People v Rentz, 120 Misc 2d 165, affd 105 AD2d 920).
Defendant next contends that the failure of County Court to make a record of its Sandoval ruling effectively deprives
Finally, defendant’s sentence was not, in the circumstances, an abuse of County Court’s discretion. The crimes of which defendant was convicted after trial were serious in nature and in their consequences. Accordingly, defendant’s conviction should in all respects be affirmed.
Judgment affirmed. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.