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State Courts -
New York - January 9, 2007
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People v. Morales, 2004-04511, (Ind. No. 3587/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: It was unnecessary for trial court to conduct inquiry under CPL § 270.35 because juror, college student, was not grossly unqualified or unavailable for continued service as he stated that he could be fair and impartial despite his concerns about his upcoming class schedule, and there were no other indicia of his inability to be fair and impartial.
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People v. Mota, 10032-10033, Ind. 3188/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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People v. Quinones, 9999-10000, Ind. 5088/91,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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People v. Rodriguez, 10037-10038, Ind. 5809/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Overview: As counsel's decision not to call a detective as a witness was strategic, and not ineffective, the trial court properly denied defendant's motion to vacate the judgment. Further, because the crimes defendant was convicted of were committed prior to the effective date of Penal Law § 60.35(1)(a)(v), imposition of a DNA databank fee was vacated.
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People v. Soto, 9987, Ind. 2069/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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