People v. Bussi

Appellate Division of the Supreme Court of New York

People v. Bussi

236 A.D.2d 317, 654 N.Y.S.2d 134, 1997 N.Y. App. Div. LEXIS 1538

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1997

StatusPublished

This text of 236 A.D.2d 317 (People v. Bussi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bussi, 236 A.D.2d 317, 654 N.Y.S.2d 134, 1997 N.Y. App. Div. LEXIS 1538 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Synder, J.), rendered September 28, 1994, convicting defendant, after a jury trial, of [318]*318assault in the first degree, two counts of attempted robbery in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to two consecutive terms of 71/2 to 15 years to be served concurrently with two additional concurrent terms of l1 h to 15 years and a concurrent term of 31/2 to 7 years, unanimously affirmed.

The trial court acted appropriately after defendant made disruptive comments during the People’s summation, by removing the jurors from the courtroom, questioning the jurors upon their return as to whether they could still deliberate fairly, and issuing detailed instructions to disregard the outburst, instructions that the jury is presumed to have followed (People v Mabre, 166 AD2d 339, lv denied 77 NY2d 879). Contrary to defendant’s contention, there was no need for in camera inquiry of any jurors, because there was no indication that any jurors had become "grossly unqualified” or had engaged in "substantial” misconduct (CPL 270.35 [1]; see, People v Buford, 69 NY2d 290, 299). Concur—Sullivan, J. P., Rosenberger, Mazzarelli and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Leslie Crocker Synder, J.), rendered September 28, 1994, convicting defendant, after a jury trial, of [318]*318assault in the first degree, two counts of attempted robbery in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to two consecutive terms of 71/2 to 15 years to be served concurrently with two additional concurrent terms of l1 h to 15 years and a concurrent term of 31/2 to 7 years, unanimously affirmed.

The trial court acted appropriately after defendant made disruptive comments during the People’s summation, by removing the jurors from the courtroom, questioning the jurors upon their return as to whether they could still deliberate fairly, and issuing detailed instructions to disregard the outburst, instructions that the jury is presumed to have followed (People v Mabre, 166 AD2d 339, lv denied 77 NY2d 879). Contrary to defendant’s contention, there was no need for in camera inquiry of any jurors, because there was no indication that any jurors had become "grossly unqualified” or had engaged in "substantial” misconduct (CPL 270.35 [1]; see, People v Buford, 69 NY2d 290, 299). Concur—Sullivan, J. P., Rosenberger, Mazzarelli and Andrias, JJ.

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Bluebook (online)

236 A.D.2d 317, 654 N.Y.S.2d 134, 1997 N.Y. App. Div. LEXIS 1538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bussi-nyappdiv-1997.

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