PEOPLE v. RIVERA


266 A.D.2d 101 (1999)

698 N.Y.S.2d 476

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RIVERA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 18, 1999.


The court was not required to excuse an allegedly biased prospective juror sua sponte (see, CPL 270.15 [4]), particularly since defendant expressly declined to challenge the juror for cause or peremptorily. The court had no obligation to override defendant's clear tactical decision to accept this juror (see, People v DeGina, 72 N.Y.2d 768).

Defendant's challenge to the court's supplemental charge is unpreserved...

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