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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 445 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Supreme Court, Kings County (Barasch, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was excluded from a material stage of the trial when both counsel exercised their peremptory challenges and challenges for cause outside of his presence. We disagree. The record indicates that the defendant was present during the voir dire and that the challenges were given effect in his presence when the accepted jurors were seated and sworn in open court (see, People v. Velasco, 77 N.Y.2d 469; People v Kaur, 204 A.D.2d 573; People v. Jackson, 202 A.D.2d 518; People v Yonamine, 192 A.D.2d 687; People v. Melendez, 182 A.D.2d 644).

The defendant's contention that the trial court erred by refusing to give a missing-witness charge with respect to a police officer is without merit. The People established that the uncalled officer was not available, and, in any event, his testimony would have been cumulative (see, People v. Brown, 202 A.D.2d 514; People v. Tate, 199 A.D.2d 291).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

We have reviewed the defendant's remaining contention and find it to be without merit. Bracken, J.P., Santucci, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 445 (N.Y. App. Div. 1994)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY MOORE, Appellant

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

Date published: Nov 7, 1994

Citations

209 A.D.2d 445 (N.Y. App. Div. 1994)
619 N.Y.S.2d 586

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