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PEOPLE v. WYNTER

95 N.Y.2d 504 (2000)

742 N.E.2d 112

719 N.Y.S.2d 637

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORVILLE P. WYNTER, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 2000.

Attorney(s) appearing for the Case

David Louis Cohen, Kew Gardens, for appellant.

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

Michael Colodner, New York City, John Eiseman and John J. Sullivan for Chief Administrative Judge Jonathan Lippman, amicus curiae.

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

OPINION OF THE COURT

SMITH, J.

The primary issue before this Court is whether a prospective juror was disqualified by reason of prior service when he appeared for jury service within the previous four years but never sat as a juror in a case.

Defendant Orville P. Wynter was charged with two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [a]). During jury voir dire, the court indicated that a prospective juror was ineligible...

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