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People v. Reid

309 A.D.2d 610, 765 N.Y.S.2d 779, 2003 N.Y. App. Div. LEXIS 10697
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 16, 2003
StatusPublished

This text of 309 A.D.2d 610 (People v. Reid) 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. Reid, 309 A.D.2d 610, 765 N.Y.S.2d 779, 2003 N.Y. App. Div. LEXIS 10697 (N.Y. Ct. App. 2003).

Opinion

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered February 13, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly rejected defendant’s belated peremptory [611]*611challenge to a juror who had been sworn the day before (People v Harris, 57 NY2d 335, 348-350 [1982], cert denied 460 US 1047 [1983]).

The court’s charge on the agency defense properly explained the application of the law to the facts of the case, without any unfair marshaling (see People v Saunders, 64 NY2d 665 [1984]; People v Jorge, 181 AD2d 441, 442 [1992], lv denied 80 NY2d 833 [1992]).

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v Hayes, 97 NY2d 203 [2002]; People v Walker, 83 NY2d 455, 458-459 [1994]; People v Pavao, 59 NY2d 282, 292 [1983]).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Andrias, J.P., Ellerin, Williams, Lerner and Gonzalez, JJ.

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Related

People v. Hayes
764 N.E.2d 963 (New York Court of Appeals, 2002)
People v. Walker
633 N.E.2d 472 (New York Court of Appeals, 1994)
People v. Harris
442 N.E.2d 1205 (New York Court of Appeals, 1982)
People v. Pavao
451 N.E.2d 216 (New York Court of Appeals, 1983)
People v. Saunders
474 N.E.2d 610 (New York Court of Appeals, 1984)
People v. Jorge
181 A.D.2d 441 (Appellate Division of the Supreme Court of New York, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
309 A.D.2d 610, 765 N.Y.S.2d 779, 2003 N.Y. App. Div. LEXIS 10697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-nyappdiv-2003.