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MATTER OF OGLESBY v. McKINNEY

7 N.Y.3d 561 (2006)

858 N.E.2d 1136

825 N.Y.S.2d 431

In the Matter of SIDNEY OGLESBY, as Onondaga County Commissioner of Jurors, et al., Respondents, v. LANGSTON C. McKINNEY, as Syracuse City Court Judge, Appellant, and REGINALD BRADWELL, Respondent.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, PLLC, Syracuse (Samuel C. Young of counsel), and Trevett Cristo Salzer & Andolina P.C., Rochester (James C. Gocker and Daniel P. DeBolt of counsel), for appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White and James P. Maxwell of counsel), and Sidney Oglesby, respondents pro se.

Michael Colodner, New York City, John Eiseman and Shawn Kerby for Office of Court Administration, amicus curiae.

Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Chief Judge KAYE and Judge PIGOTT taking no part.

OPINION OF THE COURT

R.S. SMITH, J.

We hold that jurors for a criminal trial in a City Court may be selected from the residents of the county in which the city is located, including those who are not city residents.

Facts and Procedural History

Reginald Bradwell was prosecuted in Syracuse City Court for theft of services and resisting arrest. Bradwell moved before trial to strike the jury panel on the ground that, though all panel members...

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