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| People v. Doherty, 15053,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Denial of mistrial was affirmed as challenge to entire jury panel was construed as challenge for cause as to each juror who indicated he or she needed to hear both sides of case, after another juror indicated that he needed to hear both sides. Defendant had not exhausted peremptory challenges before jury selection was complete under CPL 270.20(2).
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| People v. Edwards, 16481,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Although defendant's waiver of her right to appeal was invalid due to an insufficient explanation by the trial court and no indication that counsel did so, the sentence imposed was not harsh or excessive as it was only six months more than the statutorily permissible minimum sentence for second-degree robbery under Penal Law § 70.02(1)(b), (3)(b).
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| People v. Henkel, 16508,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Because defendant never requested updated PSI nor moved to vacate the resentencing, his claim that the trial court erred, in a probation revocation proceeding, by failing to order such a report was not preserved for review. In any event, the trial court did not err in resentencing defendant without an updated presentence investigation report.
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| People v. Jacobs, 16176,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Legally sufficient evidence existed to support defendant's convictions for, inter alia, rape in the first degree, Penal Law § 130.00(1), because, although he claimed there was no evidence of penetration, defendant's DNA was on the victim's bed sheet and the victim had vaginal injuries consistent with penetration.
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| People v. Jones, 105, Ind. 3981/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Defendant's challenge to his conviction of criminal sale of a controlled substance in the third degree failed on appeal because the trial court, in properly denying defendant's motion to suppress, relied upon evidence in the record showing that police did not interfere with defendant or his car until a radioed description of both were confirmed.
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| People v. Kelly, 15848,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Trooper was permitted to stop defendant's vehicle and approach him due to a traffic violation. Information that defendant provided during brief roadside stop created founded suspicion justifying further inquiry. Defendant volunteered to allow search of his trunk, revealing instruments likely connected with the burglaries being investigated.
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| People v. Perez, 9098, Ind. 2476/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: When a prosecutor's explanations for first round peremptory challenges to African-American jurors were found, in the second round, not to be race-neutral, a trial court had to try to find the challenged jurors, or give defendant more peremptory challenges, or create another remedy, and a Batson challenge could be raised any time in jury selection.
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| People v. Perez, 115, Ind. 449/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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| People v. Rodriguez, 113, SCI 229/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided
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