PEOPLE v. DEGONDEA


3 A.D.3d 148 (2003)

769 N.Y.S.2d 490

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID DEGONDEA, Respondent.

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

December 9, 2003.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Morrie I. Kleinbart and Donald J. Siewert of counsel), for appellant.

Center for Appellate Litigation (Robert S. Dean and Claudia S. Trupp of counsel), for respondent.

BUCKLEY, P.J., ROSENBERGER, LERNER and GONZALEZ, JJ., concur.


OPINION OF THE COURT

FRIEDMAN, J.

This case, arising from the shooting death of an undercover police detective more than a decade ago, requires us to decide whether defendant's conviction for the crime should be vacated based on his allegation that the trial judge fell asleep, or was otherwise inattentive, during parts of voir dire. Defendant contends that, as a result of this judicial conduct, the court erroneously denied his for-cause challenge to a prospective...

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