Appellate Division of the Supreme Court of New York, 2001

People v. Booker

Appellate Division of the Supreme Court of New York · Decided April 3, 2001

282 A.D.2d 201; 723 N.Y.S.2d 22; 2001 N.Y. App. Div. LEXIS 3390

Cases that cite this one

3 later published cases cite this decision.

Booker v. Girdich (District Court, S.D. New York 2003)
People v. Condes (Appellate Division of the Supreme Court of New York 2005)
People v. Telehany (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

—Judgment, *202Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered March 3, 1999, convicting defendant, after a jury trial, of robbery in the third degree and grand larceny in the fourth degree, and sentencing him to concurrent terms of 2V3 to 7 years and 1 to 3 years, respectively, unanimously affirmed.

The court properly determined that a deliberating juror distressed by personal problems was not “grossly unqualified” for further service (CPL 270.35 [1]). The juror expressed no doubts about her ability to be fair, and the totality of her responses established that she could render an impartial verdict (see, People v Buford, 69 NY2d 290, 298).

Defendant’s objections to the prosecutor’s summation were sustained and sufficient curative instructions were given by the court to the jury.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Rosenberger, Mazzarelli, Wallach and Buckley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.