People v. Morgan

2025 NY Slip Op 05740

• Court: New York Court of Appeals
• Decided: October 16, 2025
• Docket: No. 82
• Status: Published

Opinion

People v Morgan (2025 NY Slip Op 05740)

People v Morgan

2025 NY Slip Op 05740

Decided on October 16, 2025

Court of Appeals

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 16, 2025

No. 82

[*1]The People & c., Respondent,

v

Arthur H. Morgan Jr., Appellant.

Steven M. Sharp, for appellant.

Christopher Liberati-Conant, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

There is support in the record for the trial judge's determination that the prosecutor's race-neutral reasons for exercising the peremptory challenges at issue were not pretextual (see People v Wright, 42 NY3d 708, 714-715 [2024]).

Defendant's challenge to the trial court's jury instruction on first-degree manslaughter as a lesser-included offense, his constitutional challenge to admission of prior testimony, and his arguments regarding the alleged use of propensity evidence in summation, as well as those concerning cross-examination of certain trial witnesses, are unpreserved. Defendant also failed to preserve his argument that his right to counsel was violated when he was interviewed by officers after a lawyer had purportedly communicated with the police for the purpose of representing him.

Defendant's remaining arguments are without merit.

Order affirmed, in a memorandum. Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

Decided October 16, 2025