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People v. Whittington

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 486 (N.Y. App. Div. 1999)

Opinion

Argued November 16, 1999

December 27, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered December 23, 1996, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, reckless endangerment in the first degree, assault in the third degree (two counts), and aggravated harassment in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Richard A. Mastrocola of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Donna Aldea of counsel), for respondent.

THOMAS R. SULLIVAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant unsuccessfully challenged for cause a prospective juror whose spouse was a supervising Assistant District Attorney in the office of the District Attorney which was prosecuting him. The record reveals that the juror was unacquainted with the trial prosecutor and that her spouse had no interaction with him. As the prospective juror unequivocally stated that she had no predisposition and would base her verdict upon the evidence, the court properly denied the defendant's challenge for cause (see,People v. Colon, 71 N.Y.2d 410 ; People v. Williams, 222 A.D.2d 627 ; cf., People v. Shinkle, 51 N.Y.2d 417 ).

The court properly disallowed the defendant's attempt to impeach the testimony of his own witness using a police report which the witness neither signed nor made under oath (see, CPL 60.35; People v. Zenger, 134 A.D.2d 640 ; People v. Jordan, 59 A.D.2d 746 ).

The defendant's remaining contentions are without merit.

SULLIVAN, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.


Summaries of

People v. Whittington

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 486 (N.Y. App. Div. 1999)
Case details for

People v. Whittington

Case Details

Full title:THE PEOPLE, etc., respondent, v. MATTHEW WHITTINGTON, appellant. (Ind. No…

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

Date published: Dec 27, 1999

Citations

267 A.D.2d 486 (N.Y. App. Div. 1999)
699 N.Y.S.2d 733

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