People v. Waters

Appellate Division of the Supreme Court of New York

People v. Waters

91 A.D.3d 977, 937 N.Y.2d 620

Appellate Division of the Supreme Court of the State of New York·Decided January 31, 2012·Published·Cited by 5 cases

Opinion

The defendant’s argument that his constitutional right to a jury in whose selection he had a voice was violated when the trial court discharged a juror who had plans to travel in the future but was not immediately unavailable (see CPL 270.15 [3]) is unpreserved for appellate review because he failed to raise this specific argument at trial (see People v Wells, 15 NY3d 927, 928 [2010], cert denied 565 US —, 132 S Ct 123 [2011]; People v Person, 8 NY3d 973, 974 [2007]; People v Graves, 85 NY2d 1024, 1026-1027 [1995]), and we decline to reach it in the exercise of our interest of justice jurisdiction. Angiolillo, J.E, Florio, Chambers and Hall, JJ., concur.

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The defendant’s argument that his constitutional right to a jury in whose selection he had a voice was violated when the trial court discharged a juror who had plans to travel in the future but was not immediately unavailable (see CPL 270.15 [3]) is unpreserved for appellate review because he failed to raise this specific argument at trial (see People v Wells, 15 NY3d 927, 928 [2010], cert denied 565 US —, 132 S Ct 123 [2011]; People v Person, 8 NY3d 973, 974 [2007]; People v Graves, 85 NY2d 1024, 1026-1027 [1995]), and we decline to reach it in the exercise of our interest of justice jurisdiction. Angiolillo, J.E, Florio, Chambers and Hall, JJ., concur.

People v. Waters, 91 A.D.3d 977, 937 N.Y.2d 620 (N.Y. Ct. App. 2012).

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Opinion

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