Appellate Division of the Supreme Court of New York, 2002

People v. Merritt

Appellate Division of the Supreme Court of New York · Decided November 4, 2002

299 A.D.2d 370; 749 N.Y.S.2d 162

Cases that cite this one

5 later published cases cite this decision.

People v. Robinson (Appellate Division of the Supreme Court of New York 2007)
People v. Baston (Appellate Division of the Supreme Court of New York 2007)
People v. Shelton (Appellate Division of the Supreme Court of New York 2006)
People v. Platt (Appellate Division of the Supreme Court of New York 2005)
People v. Wheeler (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 (Carroll, J.), rendered November 8, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the Supreme Court providently exercised its discretion in replacing a sworn juror after making a “reasonably thorough inquiry” (CPL 270.35 [2] [a]) into the juror’s unavailability, affording the parties the opportunity to be heard and placing the facts and reasons for its determination on the record (see CPL 270.35.[2] [a], [b]; People *371v Jeanty, 94 NY2d 507). The Supreme Court reasonably determined that the juror’s attendance at his cousin’s funeral, burial, and subsequent family gathering in the Bronx, would last substantially more than two hours. Therefore, the discharge of the juror does not warrant reversal (see People v Jeanty, supra; People v Miranda, 223 AD2d 728; People v Jamison, 203 AD2d 385). Altman, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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