People v. Payton
Cases that cite this one
3 later published cases cite this decision.
- People v. Ahmr (Appellate Division of the Supreme Court of New York 2005)
- People v. Reyes (Appellate Division of the Supreme Court of New York 2004)
- People v. Zeigler (Appellate Division of the Supreme Court of New York 2003)
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
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 17, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contentions, the trial court properly determined that a sworn juror was grossly unqualified to serve. The record reveals that the juror withheld information regarding his prior conviction for possession of marihuana and that his brother-in-law had been convicted of a crime until after being sworn. Under these circumstances, the trial court properly discharged that juror pursuant to CPL 270.35 (see, People v Richards, 267 AD2d 18; People v Tamayo, 256 AD2d 98; Matter of Mikel v Mark, 249 AD2d 993). Ritter, J. P., S. Miller, Friedmann and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.