Home/New York Court of Appeals/People v. Parker

People v. Parker

456 N.E.2d 811, 60 N.Y.2d 714, 468 N.Y.S.2d 870, 1983 N.Y. LEXIS 3417
CourtNew York Court of Appeals
DecidedOctober 18, 1983
StatusPublished
Cited by22 cases

This text of 456 N.E.2d 811 (People v. Parker) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Parker, 456 N.E.2d 811, 60 N.Y.2d 714, 468 N.Y.S.2d 870, 1983 N.Y. LEXIS 3417 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed (90 AD2d 565).

On May 18, 1981 defendant was convicted after a jury trial of murder in the second degree, robbery in the first degree and burglary in the first degree. On this appeal he contends that the judgment should be reversed and a new trial ordered because widespread pretrial publicity prevented him from receiving a fair trial. The issue was first presented by a motion for a change of venue to the Appellate Division before trial. It denied the application and we find no error in the court’s ruling at that stage of the proceedings. On the direct appeal from the judgment, defendant now renews his claim. The record on appeal does not contain a transcript of the jury selection proceedings. Thus, although there was extensive pretrial publicity concerning the homicide and defendant’s role in it, there is no record from which we may determine that counsel was unable to select a fair and impartial jury (see People v Di Piazza, 24 NY2d 342). Proper procedure after denial of a motion for change of venue requires that a defendant attempt to select an impartial jury and that the proceedings be stenographically transcribed. At that time counsel could have attempted to establish by his questions and the answers to them that the extensive publicity made it impossible to select an impartial jury, if such was the fact, and upon said record the motion for change of venue could have been renewed and given proper consideration by the court (see CPL 230.20, subd 2; 255.20, subd 3; People v Shedrick, 83 AD2d 988). An added factor for consideration would be whether or not the defendant exercised all of his allotted peremptory challenges in selecting a jury.

*716 Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Tohafijian
216 A.D.3d 1410 (Appellate Division of the Supreme Court of New York, 2023)
People v. Cahill
809 N.E.2d 561 (New York Court of Appeals, 2003)
People v. Calkins
1 A.D.2d 1021 (Appellate Division of the Supreme Court of New York, 2003)
People v. Stroman
286 A.D.2d 974 (Appellate Division of the Supreme Court of New York, 2001)
DeBolt v. Barbosa
280 A.D.2d 821 (Appellate Division of the Supreme Court of New York, 2001)
People v. Bosket
216 A.D.2d 791 (Appellate Division of the Supreme Court of New York, 1995)
People v. Keefer
197 A.D.2d 915 (Appellate Division of the Supreme Court of New York, 1993)
People v. Higgins
188 A.D.2d 839 (Appellate Division of the Supreme Court of New York, 1992)
People v. Lawrence
186 A.D.2d 1016 (Appellate Division of the Supreme Court of New York, 1992)
People v. Furman
177 A.D.2d 591 (Appellate Division of the Supreme Court of New York, 1991)
People v. Campbell
170 A.D.2d 839 (Appellate Division of the Supreme Court of New York, 1991)
People v. Pierce
150 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1989)
People v. Booker
141 A.D.2d 925 (Appellate Division of the Supreme Court of New York, 1988)
People v. Ahalt
139 Misc. 2d 863 (New York Supreme Court, 1988)
People v. Donohue
123 A.D.2d 77 (Appellate Division of the Supreme Court of New York, 1987)
People v. Simms
124 A.D.2d 349 (Appellate Division of the Supreme Court of New York, 1986)
People v. Smith
468 N.E.2d 879 (New York Court of Appeals, 1984)
People v. Bernas
99 A.D.2d 612 (Appellate Division of the Supreme Court of New York, 1984)
People v. Taylor
97 A.D.2d 983 (Appellate Division of the Supreme Court of New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
456 N.E.2d 811, 60 N.Y.2d 714, 468 N.Y.S.2d 870, 1983 N.Y. LEXIS 3417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parker-ny-1983.