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PEOPLE v. HERNANDEZ

93 N.Y.2d 261 (1999)

711 N.E.2d 972

689 N.Y.S.2d 695

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE O. HERNANDEZ, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Judah Serfaty, Hempstead, Matthew Muraskin and Kent V. Moston for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Robert A. Schwartz and Peter A. Weinstein of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

BELLACOSA, J.

This appeal stems from defendant's conviction for attempted rape and sexual abuse, each in the first degree. Defendant raises three issues: (1) the trial court's denial of his lawyer's challenge for cause of a potential juror, a New York State legislator; (2) a jury instruction defining attempt as a "substantial step" toward the completion of the crime (rather than specifying...

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