People v. Ruch

Appellate Division of the Supreme Court of New York

People v. Ruch

288 A.D.2d 919, 733 N.Y.S.2d 668, 2001 N.Y. App. Div. LEXIS 10605

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

DecidedNovember 9, 2001

StatusPublished

This text of 288 A.D.2d 919 (People v. Ruch) 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. Ruch, 288 A.D.2d 919, 733 N.Y.S.2d 668, 2001 N.Y. App. Div. LEXIS 10605 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant contends that reversal is required based on County Court’s refusal to dismiss two prospective jurors for cause. We disagree. “[Bjecause defendant had not exercised all of his peremptory challenges by the completion of jury selection, even an erroneous ruling denying a challenge for cause would not constitute reversible error” [920]*920(People v Martinez, 237 AD2d 217, Iv denied 90 NY2d 941; see, CPL 270.20 [2]; People v Brown, 269 AD2d 817, Iv denied 95 NY2d 794; People v Jackson, 262 AD2d 1031, Iv denied 94 NY2d 881). Contrary to defendant’s further contention, the record establishes that the People served a CPL 710.30 notice. (Appeal from Judgment of Chautauqua County Court, Ward, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant contends that reversal is required based on County Court’s refusal to dismiss two prospective jurors for cause. We disagree. “[Bjecause defendant had not exercised all of his peremptory challenges by the completion of jury selection, even an erroneous ruling denying a challenge for cause would not constitute reversible error” [920]*920(People v Martinez, 237 AD2d 217, Iv denied 90 NY2d 941; see, CPL 270.20 [2]; People v Brown, 269 AD2d 817, Iv denied 95 NY2d 794; People v Jackson, 262 AD2d 1031, Iv denied 94 NY2d 881). Contrary to defendant’s further contention, the record establishes that the People served a CPL 710.30 notice. (Appeal from Judgment of Chautauqua County Court, Ward, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

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Bluebook (online)

288 A.D.2d 919, 733 N.Y.S.2d 668, 2001 N.Y. App. Div. LEXIS 10605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ruch-nyappdiv-2001.

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