People v. Ruckdeschel

Appellate Division of the Supreme Court of New York

People v. Ruckdeschel

2 A.D.3d 368, 768 N.Y.S.2d 823

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

DecidedDecember 30, 2003

StatusPublished

This text of 2 A.D.3d 368 (People v. Ruckdeschel) 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. Ruckdeschel, 2 A.D.3d 368, 768 N.Y.S.2d 823 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 3, 2002, convicting defendant, after a jury trial, of burglary in the first degree, attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree (three counts), and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 years to life, unanimously affirmed.

The court properly exercised its discretion in replacing a juror, who, because of her attendance at a funeral, would have arrived five to six hours late for court (see CPL 270.35 [2] [a]; People v Jeanty, 94 NY2d 507 [2000]). Concur—Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 3, 2002, convicting defendant, after a jury trial, of burglary in the first degree, attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree (three counts), and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 years to life, unanimously affirmed.

The court properly exercised its discretion in replacing a juror, who, because of her attendance at a funeral, would have arrived five to six hours late for court (see CPL 270.35 [2] [a]; People v Jeanty, 94 NY2d 507 [2000]). Concur—Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.

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Bluebook (online)

2 A.D.3d 368, 768 N.Y.S.2d 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ruckdeschel-nyappdiv-2003.

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