People v. Judge

Appellate Division of the Supreme Court of New York

People v. Judge

236 A.D.2d 319, 654 N.Y.S.2d 17, 1997 N.Y. App. Div. LEXIS 1516

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

DecidedFebruary 25, 1997

StatusPublished

Cited by5 cases

This text of 236 A.D.2d 319 (People v. Judge) 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. Judge, 236 A.D.2d 319, 654 N.Y.S.2d 17, 1997 N.Y. App. Div. LEXIS 1516 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 19, 1994, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 13 years to life and 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. Defendant’s arrest for trespassing was supported by probable cause where the evidence adduced at the hearing showed, inter alia, that defendant, matching the description of a man who had been observed loitering in front of another apartment for 15 minutes, was found knocking on the door of a second apartment while in possession of two empty bags and, upon being questioned by the officers about his purpose in the building, falsely told them that he had been buzzed into the building by someone in the apartment, which the officers immediately verified was unoccupied.

Defendant’s claim that the court violated the jury selection procedures mandated by CPL 270.15 (3) in excusing sworn jurors from the courtroom without defendant’s consent while the voir dire continued is without merit, any objection to the jurors’ removal having been waived. Concur—Sullivan, J. P., Rosenberger, Mazzarelli and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 19, 1994, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 13 years to life and 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. Defendant’s arrest for trespassing was supported by probable cause where the evidence adduced at the hearing showed, inter alia, that defendant, matching the description of a man who had been observed loitering in front of another apartment for 15 minutes, was found knocking on the door of a second apartment while in possession of two empty bags and, upon being questioned by the officers about his purpose in the building, falsely told them that he had been buzzed into the building by someone in the apartment, which the officers immediately verified was unoccupied.

Defendant’s claim that the court violated the jury selection procedures mandated by CPL 270.15 (3) in excusing sworn jurors from the courtroom without defendant’s consent while the voir dire continued is without merit, any objection to the jurors’ removal having been waived. Concur—Sullivan, J. P., Rosenberger, Mazzarelli and Andrias, JJ.

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Bluebook (online)

236 A.D.2d 319, 654 N.Y.S.2d 17, 1997 N.Y. App. Div. LEXIS 1516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-judge-nyappdiv-1997.

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