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PEOPLE v. STEWARD

No. 108

17 N.Y.3d 104 (2011)

2011 NY Slip Op 4716

950 N.E.2d 480

926 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OWEN STEWARD, Appellant.

Court of Appeals of New York.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Jalina J. Hudson , Richard M. Greenberg and Eunice C. Lee of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone and Dana Poole of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

GRAFFEO, J.

The issue before us in this appeal is whether the trial court abused its discretion in imposing a five-minute limitation on counsel for the questioning of jurors during each round of voir dire in this multiple felony case. Based on the seriousness and number of charges, the identity of the victim and certain characteristics of prospective jurors that were revealed during examination...

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