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People v. King

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 472 (N.Y. App. Div. 1995)

Opinion

November 13, 1995

Appeal from the County Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed.

The court did not err by denying the defendant's challenge for cause of a prospective juror. The record does not support a finding that the prospective juror possessed a "state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at trial" (CPL 270.20 [b]), or that there was a "substantial risk" that she would be unable to discharge her responsibilities as a juror (see, People v Campbell, 216 A.D.2d 482; People v Pagan, 191 A.D.2d 651; People v Whitmore, 177 A.D.2d 525).

Nor was it error for the court to admit into evidence a marked copy of an enlargement of the defendant's fingerprints. Although this enlargement should have been disclosed to the defendant prior to trial, the court's "refusal to impose `the extreme sanction of preclusion [which] is warranted only where undue prejudice will result from the failure to [timely] produce' (People v Kehn, 109 A.D.2d 912, 914, citing People v Brown, 104 Misc.2d 157, 163-165; see, CPL 240.70), was within the court's sound discretion (see, People v Kelly, 62 N.Y.2d 516, 521)" (People v Johnstone, 131 A.D.2d 782).

The defendant's remaining contentions are without merit. Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

People v. King

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 472 (N.Y. App. Div. 1995)
Case details for

People v. King

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT KING, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1995

Citations

221 A.D.2d 472 (N.Y. App. Div. 1995)
634 N.Y.S.2d 126

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