PEOPLE v. PRESSLEY

1018 KA 16-02270.

200 A.D.3d 1716 (2021)

155 N.Y.S.3d 907

2021 NY Slip Op 07420

The People of the State of New York, Respondent, v. Brian J. Pressley, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03[1][b]; [3]) and resisting arrest (§ 205.30). Contrary to defendant's contention, we conclude that Supreme Court did not err in discharging a juror over his objection. The trial court is generally "accorded...

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