People v. Pickren, 284 A.D.2d 727 (N.Y. App. Div. 2001). · Go Syfert
People v. Pickren, 284 A.D.2d 727 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Cross (nyappdiv, 2019-07-05)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Cross (2×) also: Cited "see"
N.Y. App. Div. · 2019 · confidence medium
Here, the first prospective juror's mere status as an investigator with a law enforcement agency, without more, did not require her disqualification ( see People v Montford , 145 AD3d 1344, 1348 [3d Dept 2016], lv denied 29 NY3d 999 [2017]; Greenfield , 112 AD3d at 1229; People v Pickren , 284 AD2d 727, 727-728 [3d Dept 2001], lv denied 96 NY2d 923 [2001]).
discussed Cited as authority (rule) People v. Hamilton
N.Y. App. Div. · 2015 · confidence medium
As to the first witness, a former working relationship, without more, will not necessarily give rise to implied bias requiring disqualification (see People v Scott, 16 NY3d 589, 595 [2011]; People v Pickren, 284 AD2d 727, 727-728 [2001], lv denied 96 NY2d 923 [2001]).
discussed Cited as authority (rule) PeoplevJunior
N.Y. App. Div. · 2014 · confidence medium
His assertion that County Court failed to adequately set forth its findings of fact, conclusions of law and the reasons therefore on the record at the close of the suppression hearing was not preserved for this Court's review (see People v Perez, 89 AD3d 1393, 1395 [2011], lv denied 18 NY3d 961 [2012]), and reversal in the interest of justice is unwarranted inasmuch as the argument lacks merit (see People v Pagan, 103 AD3d 978, 979 [2013], lv denied 21 NY3d 1018 [2013]; People v Pickren, 284 AD2d 727, 728 [2001], lv denied 96 NY2d 923 [2001]).
discussed Cited as authority (rule) People v. Greenfield
N.Y. App. Div. · 2013 · confidence medium
Neither prospective juror No. 81’s status as a law enforcement officer (see People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001]) nor his former, solely professional relationship with the District Attorney’s office, which was largely remote in time or — more recently — infrequent (see People v Scott, 16 NY3d at 595 ; cf. People v Furey, 18 NY3d at 288 ; People v Branch, 46 NY2d at 651 ), required his disqualification for cause here.
discussed Cited as authority (rule) People v. Greenfield
N.Y. App. Div. · 2013 · confidence medium
Neither prospective juror No. 81’s status as a law enforcement officer (see People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001]) nor his former, solely professional relationship with the District Attorney’s office, which was largely remote in time or — more recently — infrequent (see People v Scott, 16 NY3d at 595 ; cf. People v Furey, 18 NY3d at 288 ; People v Branch, 46 NY2d at 651 ), required his disqualification for cause here.
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2013 · confidence medium
Accordingly, as “ c[n]umerous cases have held that a juror’s relationship with a [nontestifying] police officer . . . [is] insufficient to constitute implied bias[,]’ ” it was not error for Supreme Court to deny defendant’s challenge for cause (People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001], quoting People v Butts, 140 AD2d 739, 741 [1988]; see People v Colon, 71 NY2d at 418-419 ; People v Stafford, 302 AD2d 325, 326-327 [2003], lv denied 99 NY2d 658 [2003]; People v Jones, 299 AD2d 283, 283 [2002], lv denied 99 NY2d 655 [2003]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2013 · confidence medium
Accordingly, as “ c[n]umerous cases have held that a juror’s relationship with a [nontestifying] police officer . . . [is] insufficient to constitute implied bias[,]’ ” it was not error for Supreme Court to deny defendant’s challenge for cause (People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001], quoting People v Butts, 140 AD2d 739, 741 [1988]; see People v Colon, 71 NY2d at 418-419 ; People v Stafford, 302 AD2d 325, 326-327 [2003], lv denied 99 NY2d 658 [2003]; People v Jones, 299 AD2d 283, 283 [2002], lv denied 99 NY2d 655 [2003]).
discussed Cited as authority (rule) People v. Campanella
N.Y. App. Div. · 2012 · confidence medium
We reach the same conclusion with respect to the second prospective juror at issue, who acknowledged having a friend and an acquaintance in law enforcement (see People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001]; see also People v Colon, 71 NY2d 410, 418 [1988], cert denied 487 US 1239 [1988]).
discussed Cited as authority (rule) People v. Campanella
N.Y. App. Div. · 2012 · confidence medium
We reach the same conclusion with respect to the second prospective juror at issue, who acknowledged having a friend and an acquaintance in law enforcement (see People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001]; see also People v Colon, 71 NY2d 410, 418 [1988], cert denied 487 US 1239 [1988]).
discussed Cited as authority (rule) People v. Molano
N.Y. App. Div. · 2010 · confidence medium
All of those relationships, however, were either not particularly close ones or arose in a professional context and were thus not of a type to preclude either prospective juror from rendering an impartial verdict (see CPL 270.20 [1] [c]; People v Rentz, 67 NY2d 829, 830-831 [1986]; People v Provenzano, 50 NY2d 420, 424-425 [1980]; People v Cassidy, 16 AD3d 1079, 1080 [2005], lv denied 5 NY3d 760 [2005]; People v Pickren, 284 AD2d 727, 727-728 [2001], lv denied 96 NY2d 923 [2001]).
discussed Cited as authority (rule) People v. Watkins
N.Y. App. Div. · 2009 · confidence medium
We reject that contention, however, because the relationship of the prospective juror with one of the People’s witnesses was not “ ‘of such nature that it [was] likely to preclude him from rendering an impartial verdict’ ” (People v Pickren, 284 AD2d 727, 727 [2001], lv denied 96 NY2d 923 [2001], quoting CPL 270.20 [1] [c]; cf. People v Branch, 46 NY2d 645, 651 [1979]; see generally People v Provenzano, 50 NY2d 420, 424 [1980]).
discussed Cited as authority (rule) People v. Cassidy
N.Y. App. Div. · 2005 · confidence medium
The fact that either prospective juror was “a former police officer who had ‘ “nodding acquaintance [s]” ’ with several of the prospective witnesses did not render him inherently biased so as to justify disqualification for cause under CPL 270.20 (1) (c)” (People v Pickren, 284 AD2d 727, 728 [2001], lv denied 96 NY2d 923 [2001] [citations omitted]).
discussed Cited "see" People v. Montford
N.Y. App. Div. · 2016 · signal: see · confidence high
The juror’s mere status as a law enforcement officer, without more, would not necessarily have required his disqualification, nor would any relationship with a member of the District Attorney’s staff that was “little more than a nodding acquaintance” (People v Provenzano, 50 NY2d 420, 425 [1980]; see People v Pickren, 284 AD2d 727, 727-728 [2001], lv denied 96 NY2d 923 [2001]; People v Butts, 140 AD2d 739, 741 [1988]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael Pickren
Appellate Division of the Supreme Court of the State of New York.
Jun 21, 2001.
284 A.D.2d 727
2001 N.Y. App. Div. LEXIS 6659
Spain.
Cited by 14 opinions  |  Published
Spain, J.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered May 3, 1999, upon a verdict convicting defendant of the crimes of assault in the second degree, assault in the first degree and attempted robbery in the first degree (two counts).

Defendant was convicted following a jury trial at which he appeared pro se. He now appeals, contending, initially, that it was an abuse of discretion for County Court to deny his challenge for cause of a juror, a retired police officer, who admitted that he knew of defendant and his family, as well as the Sheriffs investigator and a police officer who testified at the trial. In response to the court’s questioning, the juror indicated that he knew these individuals by virtue of his long career as a police officer, but that he did not have a personal or social relationship with any of these individuals and that he could be fair and impartial in evaluating their testimony and in rendering a verdict. Defendant declined to question the juror but, having exhausted his peremptory challenges, asked that he be removed for cause. County Court denied defendant’s challenge, noting that the juror had been retired over three years and had stated that he could be impartial.

Contrary to defendant’s contention, we do not find that this juror’s knowledge of defendant and several of the prospective witnesses was “of such nature that it [was] likely to preclude him from rendering an impartial verdict” (CPL 270.20 [1] [c]). “Numerous cases have held that a juror’s relationship with a police officer and even his position as a police officer are insufficient to constitute implied bias” (People v Butts, 140 AD2d 739, 741, citing People v Colon, 127 AD2d 678, affd 71 NY2d 410, cert denied 487 US 1239; People v Smith, 110 AD2d 669, revd on other grounds 68 NY2d 737, cert denied 479 US 953). Inasmuch as the prospective juror here did not bear a relation[*728] ship to any of the witnesses who fall within the enumerated relationships of CPL 270.20 (1) (c), the fact that he was a former police officer who had “ ‘nodding acquaintance [s]’ ” (People v Butts, supra, at 741, quoting People v Provenzano, 50 NY2d 420, 425) with several of the prospective witnesses did not render him inherently biased so as to justify disqualification for cause under CPL 270.20 (1) (c) and People v Branch (46 NY2d 645 [expurgatory oath not applicable where suspect relationship involved]) (see, People v Colon, 71 NY2d 410, 418, cert denied 487 US 1239; People v Ruiz, 162 AD2d 637, 638, lv denied 76 NY2d 990; cf., People v Clark, 125 AD2d 868, 869-870, lv denied 69 NY2d 878 [significant social relationship with District Attorney gives rise to suspect relationship]).

Furthermore, we conclude that County Court properly refused defendant’s request to charge the jury that if defendant was found not to have been personally present at the crime scene, then the jury must render a verdict of not guilty. County Court appropriately found that the charge was erroneous because — as charged in the indictment — defendant could have been found guilty by virtue of his acting in concert with another (see, Penal Law § 20.00). Thus, we find that the charge, as given, “correctly conveyed the proper standard [s] to the jury” (People v Gutkaiss, 206 AD2d 628, 631, lv denied 84 NY2d 936). We also reject defendant’s argument that he was entitled to a Wade hearing. The identification witness’s pretrial identification of defendant through a newspaper article containing defendant’s photograph was not a police-arranged procedure and, thus, cannot be said to have impacted defendant’s due process rights (see, People v Morales, 228 AD2d 704, lv denied 88 NY2d 1070; People v Fuller, 185 AD2d 446, 449, lv denied 80 NY2d 974; see also, People v Dixon, 85 NY2d 218, 222-223). Finally, County Court was not required to issue a written decision denying defendant’s motion. The court adequately and appropriately set forth the reasons for its determination on the record (see, CPL 710.60 [6]).

Mercure, J. P., Peters, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed.