PEOPLE v. BURGESS


280 A.D.2d 264 (2001)

719 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BURGESS, Appellant.

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

Decided February 1, 2001.


The court's decision to designate the second-drawn juror as foreperson, over defendant's objection, after the first-drawn juror refused to serve in that capacity, does not warrant reversal (see, CPL 470.05 [1]). Although CPL 270.15 (3) requires the first-drawn juror be designated foreperson, and, assuming arguendo, that the court should have either insisted that the first-drawn juror perform that duty or be discharged, the designation of the second-drawn juror could...

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