People v Jordan

People v Jordan 2016 NY Slip Op 02284 Decided on March 29, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ? 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 29, 2016
No. 72 SSM 1

[*1]The People & c., Respondent,

v

Ronnell Jordan, Appellant.

Submitted by Kevin C. Adam, for appellant.

Submitted by Amy Appelbaum, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant failed to preserve his contention that the trial court discharged prospective jurors based on hardship without conducting a sufficient inquiry (see People v King, __ NY3d __ [decided herewith]). [*2]Defendant’s remaining contentions are without merit.

Rivera, J (dissenting):

For the reasons stated in my dissenting opinion in People v King (___ NY3d ___, [decided herewith]), I would reverse the order of the Appellate Division on the sole ground that the judge’s jury selection process denied defendant his right to a jury trial.

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Judges Pigott, Abdus-Salaam, Stein and Fahey concur. Judge Rivera dissents in an opinion. Chief Judge DiFiore and Judge Garcia took no part.

Decided March 29, 2016