People v. Corbett

68 A.D.2d 772, 418 N.Y.S.2d 699, 1979 N.Y. App. Div. LEXIS 11315
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 6, 1979
StatusPublished
Cited by15 cases

This text of 68 A.D.2d 772 (People v. Corbett) 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. Corbett, 68 A.D.2d 772, 418 N.Y.S.2d 699, 1979 N.Y. App. Div. LEXIS 11315 (N.Y. Ct. App. 1979).

Opinion

OPINION OF THE COURT

Moule, J.

Defendant was charged in a 66-count indictment with sodomizing seven girls whose ages were between 5 and 16 by engaging them in acts of fellatio and cunnilingus during the period from August, 1973 through January, 1975. All but two of the acts were alleged to have occurred at defendant’s apartment in the City of Buffalo, where the girls were brought by defendant in his automobile. Following a jury trial, defendant was convicted of three counts of first degree sodomy, six counts of second degree sodomy and eight counts of third [775]*775degree sodomy and he was sentenced to concurrent indeterminate terms of imprisonment having maxima of 25 years on each of the three counts of first degree sodomy, 7 years on each of the six counts of second degree sodomy, and 4 years on each of the eight counts of third degree sodomy.

On this appeal defendant does not challenge the sufficiency of the evidence supporting his conviction. Rather, he contends that he should be granted a new trial because the trial court unduly restricted the scope of defense counsel’s voir dire of prospective jurors and because inflammatory photographs were improperly admitted in evidence. Alternatively, defendant seeks a modification of his sentence.

At defendant’s trial an extensive voir dire of prospective jurors was conducted over a period of three days. The court questioned the prospective jurors with respect to their experience with crime, participation in prior civil or criminal proceedings, relationships with law enforcement agencies, and their knowledge or familiarity with defendant, defense counsel, the prosecutor and potential witnesses. In addition, the court stated to the first group of 12 prospective jurors: "I’ve indicated to you the nature of this case, it being a sex case, and it involves a five-year-old girl, and other girls the age of fourteen and under. And do any of you now have any prejudices in your own mind that would lead you to say, 'Well, this defendant must be guilty because of the nature of these crime’? I indicated to you that you’re going to hear testimony that alleges that this defendant placed his penis in the mouth of these girls, and if that is so reprehensible to you, it makes you prejudiced, that you could not make a fair and impartial decision, please let us know now. Any of you feel that that would so—be so reprehensible to you, that you could not give this man a fair trial?” The same inquiry was made of each successive group jurors. As a result, 21 prospective jurors were excused because they stated that they could not be impartial.

Defense counsel was accorded latitude in questioning prospective jurors with respect to their employment, family background, aspirations, leisure activities, education, and social and religious organizations. Moreover, where a prospective juror worked with young children or had young children or grandchildren, defense counsel was allowed to ascertain their ages and sexes and was permitted to ask whether the fact that the witnesses were of similar ages would have a greater [776]*776impact on the juror.

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Bluebook (online)
68 A.D.2d 772, 418 N.Y.S.2d 699, 1979 N.Y. App. Div. LEXIS 11315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corbett-nyappdiv-1979.