People v. Webb, 285 A.D.2d 659 (N.Y. App. Div. 2001). · Go Syfert
People v. Webb, 285 A.D.2d 659 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Phuong Lam (nyappterm, 2025-01-24)
Top citers, strongest first. 5 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Phuong Lam (3×)
N.Y. App. Term. · 2025 · confidence medium
The fact that the panelist sometimes represented law enforcement in her work is not a ground for a challenge for cause ( see CPL 270.20[1][c]; People v Shepherd , 205 AD3d 652 [2022], lv denied 39 NY3d 942 [2022]; People v Noakes, 57 AD3d 280,281 [2008], lv denied 12 NY3d 786 [2009]]; People v Washington, 35 AD3d 288 [2006], lv denied 8 NY3d 951 [2007]), and she provided unequivocal assurances of her impartiality ( see People v Lopez , 7 AD3d 350, 351 [2004], lv denied 3 NY3d 708 [2004]; People v Webb , 285 AD2d 659, 660 [2001], lv denied 97 NY2d 689 [2001]).
discussed Cited as authority (rule) People v. Ikker
N.Y. App. Div. · 2007 · confidence medium
Contrary to the defendant’s contention, none of these three jurors said anything which demonstrated that they would not be able to render an impartial verdict (see People v Webb, 285 AD2d 659, 660 [2001]; People v Ruiz, 162 AD2d 637, 638 [1990]).
cited Cited as authority (rule) People v. Webb
N.Y. Sup. Kings · 2004 · confidence medium
Similarly, the defendant's claim of prosecutorial misconduct was raised in the defendant's pro se brief and was determined to be "without merit" (285 AD2d at 660).
discussed Cited as authority (rule) People v. Lopez
N.Y. App. Div. · 2004 · confidence medium
The mere fact that one prospective juror was a police officer is not ground for a challenge for cause, and the officer said nothing to indicate that he could not be impartial (see People v Webb, 285 AD2d 659, 660 [2001]).
discussed Cited "see, e.g." People v. Parker
N.Y. App. Div. · 2003 · signal: see also · confidence low
It was within the court’s discretion to determine that the state of mind of that prospective juror would likely preclude her from rendering an impartial verdict (see CPL 270.20 [1] [b]; see also People v Webb, 285 AD2d 659, 660 , lv denied 97 NY2d 689 ; People v Traylor, 283 AD2d 1013 , lv denied 96 NY2d 869 ; see generally People v Arnold, 96 NY2d 358, 363 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James Webb
Appellate Division of the Supreme Court of the State of New York.
Jul 30, 2001.
285 A.D.2d 659

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered December 23, 1997, convicting him of rape in the first degree (four counts), sodomy in the first degree (three counts), robbery in the first degree (two counts), attempted sodomy in the first degree, arson in the second degree, robbery in the third degree, assault in the second degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

[*660] Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in denying his challenge for cause of two jurors who were police officers. A challenge to a prospective juror on the ground that the juror has a state of mind that is likely to preclude him or her from rendering an impartial verdict should be granted only if there is a substantial risk that the juror’s state of mind will affect his or her ability to discharge his responsibilities, a determination committed to the discretion of the trial court, with its unique opportunities to evaluate the prospective jurors during voir dire (see, People v Reid, 251 AD2d 430; People v Harris, 247 AD2d 630). Nothing was said by these jurors which demonstrated that they would not be able to render an impartial verdict, and thus, the trial court providently exercised its discretion in denying the defense counsel’s challenges.

The trial court properly granted the People’s motion to visually and physically examine the defendant, because the People, before the improper receipt of the defendant’s medical records, were aware that the assailant suffered from a condition in which he was unable to produce spermatozoa in his semen (see, CPL 240.40 [2] [vii]; People v Randt, 142 AD2d 611).

The defendant’s remaining contentions are without merit. Ritter, J. P., Friedmann, Luciano and Smith, JJ., concur.