People v. Ramirez

Appellate Division of the Supreme Court of New York

People v. Ramirez

281 A.D.2d 332, 723 N.Y.S.2d 13, 2001 N.Y. App. Div. LEXIS 3204

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

DecidedMarch 27, 2001

StatusPublished

This text of 281 A.D.2d 332 (People v. Ramirez) 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. Ramirez, 281 A.D.2d 332, 723 N.Y.S.2d 13, 2001 N.Y. App. Div. LEXIS 3204 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Harold Beeler, J., on summary denial of motion; William Leibovitz, J., at jury trial and sentence), rendered July 12, 1999, convicting defendant of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied without a hearing. Viewing defendant’s two sets of moving papers as a whole, we find that there was no basis upon which to grant a suppression hearing (see, People v Mendoza, 82 NY2d 415). Defendant expressly disputed the People’s allegation that he had dropped a bag of cocaine to the ground, and disclaimed that the drugs had ever been in his possession.

Defendant’s contention that the trial court inhibited the disclosure by potential jurors of potential biases and prejudices is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court’s rebukes of two jurors it excused did not deter other [333]*333jurors from informing the court of anything which might render them unable to be impartial. Concur — Rosenberger, J. P., Williams, Tom, Lerner and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Harold Beeler, J., on summary denial of motion; William Leibovitz, J., at jury trial and sentence), rendered July 12, 1999, convicting defendant of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied without a hearing. Viewing defendant’s two sets of moving papers as a whole, we find that there was no basis upon which to grant a suppression hearing (see, People v Mendoza, 82 NY2d 415). Defendant expressly disputed the People’s allegation that he had dropped a bag of cocaine to the ground, and disclaimed that the drugs had ever been in his possession.

Defendant’s contention that the trial court inhibited the disclosure by potential jurors of potential biases and prejudices is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court’s rebukes of two jurors it excused did not deter other [333]*333jurors from informing the court of anything which might render them unable to be impartial. Concur — Rosenberger, J. P., Williams, Tom, Lerner and Buckley, JJ.

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Bluebook (online)

281 A.D.2d 332, 723 N.Y.S.2d 13, 2001 N.Y. App. Div. LEXIS 3204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ramirez-nyappdiv-2001.

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