Appellate Division of the Supreme Court of New York, 1996

People v. Cruz

Appellate Division of the Supreme Court of New York · Decided March 7, 1996

225 A.D.2d 325; 638 N.Y.2d 639; 638 N.Y.S.2d 639; 1996 N.Y. App. Div. LEXIS 2082

Cases that cite this one

1 later published case cites this decision.

People v. Jorge (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

When the court observed that a juror may have "doze[d] off a couple a times”, defense counsel stated that he "didn’t see it”, and requested no remedy. Therefore, his present claim that the court should have conducted an inquiry is unpreserved for appellate review, and we decline to review it in the interest of justice. In any event, on this record, there is an insufficient basis to conclude that the court should have conducted an inquiry (People v Ferguson, 165 AD2d 789, lv denied 77 NY2d 838).

We perceive no abuse of discretion in sentencing. Concur— Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.