People v. Leader, 285 A.D.2d 823 (N.Y. App. Div. 2001). · Go Syfert
People v. Leader, 285 A.D.2d 823 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Rahaman
N.Y. App. Div. · 2020 · confidence medium
We defer to the trial court's determination regarding whether a juror is grossly unqualified in view of its superior position to assess the partiality of a juror ( see People v Kuzdzal , 31 NY3d 478, 483 [2018]; People v Montes , 178 AD3d 1283 , 1288 [2019], lv denied 34 NY3d 1161 [2020]; People v Leader , 285 AD2d 823, 824 [2001], lvs denied 97 NY2d 756 , 758 [2002]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2015 · confidence medium
The inquiry must be “tactful, probing, relevant and reasonable” (People v Leader, 285 AD2d 823, 824 [2001], lv denied 97 NY2d 756 [2002]), during which the court must “evaluate the nature of what the juror has seen, heard, or has acquired knowledge of, and assess its importance and its bearing on the case” (People v Buford, 69 NY2d at 299 ; see People v Mejias, 21 NY3d at 79 ).
discussed Cited as authority (rule) People v. Myers
N.Y. App. Div. · 2013 · confidence medium
Finding neither an abuse of discretion nor extraordinary circumstances, we decline to disturb the sentence (see People v Smith, 41 AD3d 964, 967 [2007], lv denied 9 NY3d 881 [2007]; People v Jennings, 20 AD3d 777, 778 [2005], lv denied 5 NY3d 829 [2005]; People v Leader, 285 AD2d 823, 825 [2001], lv denied 97 NY2d 756 [2002]).
discussed Cited as authority (rule) People v. Myers
N.Y. App. Div. · 2013 · confidence medium
Finding neither an abuse of discretion nor extraordinary circumstances, we decline to disturb the sentence (see People v Smith, 41 AD3d 964, 967 [2007], lv denied 9 NY3d 881 [2007]; People v Jennings, 20 AD3d 777, 778 [2005], lv denied 5 NY3d 829 [2005]; People v Leader, 285 AD2d 823, 825 [2001], lv denied 97 NY2d 756 [2002]).
discussed Cited as authority (rule) People v. Cecunjanin
N.Y. App. Div. · 2009 · confidence medium
In investigating allegations of juror misconduct, the trial court must conduct a “probing, tactful inquiry” into the specific circumstances (People v Bradford, 300 AD2d 685, 688 [2002], lv denied 99 NY2d 612 [2003]; see People v Cargill, 70 NY2d 687, 688 [1987]; People v Bailey, 258 AD2d 807, 808 [1999], lv denied 93 NY2d 1001 [1999]) and, so long as that inquiry has occurred, the court’s determination will be accorded latitude and great deference upon review (see People v Littebrant, 55 AD3d at 1154 ; People v Bradford, 300 AD2d at 688 ; People v Leader, 285 AD2d 823, 824 [2001], lv den…
discussed Cited as authority (rule) People v. Rivera
N.Y. App. Div. · 2006 · signal: cf. · confidence medium
In any event, there is no evidence in the record that the juror demonstrated incompetency or incapacity that called into question his ability to serve as a juror (see generally People v Guzman, 76 NY2d 1, 5 [1990]; People v Pagan, 191 AD2d 651 [1993]; cf. People v Leader, 285 AD2d 823, 824 [2001]), and render an impartial verdict (People v Rodriguez, 100 NY2d 30, 34-36 [2003]), or that a substantial right of the defendant was prejudiced (see CPL 330.30 [2]; People v Rodriguez, supra at 34-36 ; People v Ceresoli, 88 NY2d 925, 926 [1996]; People v Irizarry, 83 NY2d 557, 561 [1994]; People v Clar…
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2005 · confidence medium
The record reveals that when the matter was brought to the court’s attention, a probing but tactful inquiry was made of the juror, which satisfied the court that the juror could serve impartially, and that finding is to be accorded great deference upon appellate review (see People v Leader, 285 AD2d 823, 824 [2001], lv denied 97 NY2d 756 [2002]).
discussed Cited as authority (rule) People v. Typhair
N.Y. App. Div. · 2004 · confidence medium
With County Court best able to assess a juror’s competency and capacity, “[w]e accord latitude and deference to the court’s findings” (People v Leader, 285 AD2d 823, 824 [2001], lv denied 97 NY2d 756 [2002]).
discussed Cited as authority (rule) People v. Valdez
N.Y. App. Div. · 2004 · confidence medium
Upon exercising our factual review power, we also find that the verdict was not against the weight of the evidence since the informant was extensively cross-examined regarding his prior criminal convictions for the jury’s consideration in assessing his credibility (see People v Leader, 285 AD2d 823, 824-825 [2001], lvs denied 97 NY2d 756 , 758 [2002]).
cited Cited as authority (rule) People v. Bradford
N.Y. App. Div. · 2002 · confidence medium
Once the inquiry has occurred, the court’s findings will be accorded latitude and great deference upon review (see People v Leader, supra at 824; People v Bailey, supra at 808).
discussed Cited "see" People v. Fisher
N.Y. App. Div. · 2023 · signal: see · confidence high
"The[*5][t]rial [j]udge generally is accorded latitude in making the findings necessary to determine whether a juror is grossly unqualified under CPL 270.35, because that [j]udge is in the best position to assess partiality in an allegedly biased juror" ( People v Rodriguez , 71 NY2d 214, 219 [1988] [citation omitted]; see People v Leader , 285 AD2d 823, 824 [3d Dept 2001], lv denied 97 NY2d 756 [2002]).
discussed Cited "see" People v. Fisher
N.Y. App. Div. · 2023 · signal: see · confidence high
"The[*5][t]rial [j]udge generally is accorded latitude in making the findings necessary to determine whether a juror is grossly unqualified under CPL 270.35, because that [j]udge is in the best position to assess partiality in an allegedly biased juror" ( People v Rodriguez , 71 NY2d 214, 219 [1988] [citation omitted]; see People v Leader , 285 AD2d 823, 824 [3d Dept 2001], lv denied 97 NY2d 756 [2002]).
discussed Cited "see" People v. Littebrant
N.Y. App. Div. · 2008 · signal: see · confidence high
So long as this has occurred, the court’s determination will be accorded latitude and great deference, and should be set aside “only where the error is manifest” (People v Smyers, 167 AD2d 773, 773 [1990], lv denied 77 NY2d 967 [1991]; see People v Leader, 285 AD2d 823, 824 [2001], lv denied 97 NY2d 756 [2002]; People v Butts, 140 AD2d 739, 740 [1988]).
discussed Cited "see" People v. Gilmore
N.Y. App. Div. · 2007 · signal: see · confidence high
For that reason, once the court makes the requisite inquiry, “the court’s findings will be accorded latitude and great deference upon review” (Bradford, 300 AD2d at 688 ; see People v Leader, 285 AD2d 823, 824 [2001], lv denied 97 NY2d 756 [2002]; Bunch, 278 AD2d at 502 ; see also People v Burse, 299 AD2d 911, 912 [2002], lv denied 99 NY2d 613 [2003]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Darnell A. Leader, Also Known as John Neeley
Appellate Division of the Supreme Court of the State of New York.
Jul 19, 2001.
285 A.D.2d 823
Spain.
Cited by 17 opinions  |  Published
—Spain, J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered May 12,1999, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal possession of a weapon in the second degree.

Defendant was convicted, following a jury trial, of intentional second degree murder and criminal possession of a weapon. The convictions were based on an eyewitness account and other testimony establishing that on December 28, 1997, defendant shot and killed his friend, Mark White, Jr., a few doors down from a restaurant on River Street in the City of Troy, Rensselaer County. Sentenced to concurrent»indeterminate terms of imprisonment, the maximum of which is 25 years to life for the murder, defendant appeals, challenging County Court’s discharge of a juror during the trial, the verdict as against the weight of the evidence and the sentence as harsh and excessive.

We affirm. Defendant’s initial contention for reversal is directed at County Court’s determination during the People’s case-in-chief to discharge a juror based upon its finding that she was “grossly unqualified” and not competent to serve in the case (CPL 270.35 [1]). As relevant here, that statute provides that the court must discharge a sworn juror if, prior to deliberations, it determines that the “juror is unable to continue serving by reason of illness or other incapacity * * * or the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case or has engaged in misconduct of a substantial nature, but not warranting the declaration of a mistrial” (CPL 270.35 [1]).

Here, after the foreperson informed County Court on the record of concerns regarding a specific juror’s competency and comprehension, the court summoned the juror and engaged in an extended in camera inquiry with the juror in the presence of the attorneys asking general questions as well as questions[*824] regarding her ability to follow the trial proceedings. After a discussion outside of the juror’s presence in which defendant objected to discharging the juror, the court permitted defense counsel to recall and question the juror further on the record.

Upon review, we find that County Court’s inquiry was tactful, probing, relevant and reasonable (see, People v Anderson, 70 NY2d 729, 730; People v Buford, 69 NY2d 290, 299; People v Kinred, 276 AD2d 927) and that both colloquies with the juror supported discharge under CPL 270.35 (1) (cf., People v Anderson, supra; People v Buford, supra). We accord latitude and deference to the court’s findings, the court being in the best position to assess the juror’s competency and capacity (see, People v Rodriguez, 71 NY2d 214, 219; People v Kinred, supra). We find that the inquiry supports the court’s assessment of the juror’s “answers and demeanor” (People v Buford, supra, at 299; see, People v Kinred, supra) and its conclusion that the juror was, at times, confused, childlike, inconsistent and provided odd or nonresponsive answers and was having various difficulties following the trial proceedings. While the juror had several physical disabilities, the court indicated a willingness to accommodate them and clearly based its decision on its findings regarding the juror’s cognitive and mental deficiencies manifested during the inquiry. On these facts, we find no error in the discharge of this juror or deprivation of defendant’s right to a jury trial before a chosen jury (see, People v Jeanty, 94 NY2d 507, 517; People v Ortiz, 92 NY2d 955, 957; People v Anderson, supra; People v Buford, supra, at 297-299).

Further, “weighting] the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony [adduced at trial]” (People ex rel. MacCracken v Miller, 291 NY 55, 62; accord, People v Bleakley, 69 NY2d 490, 495), we do not find that the jury’s verdict ran contrary to the weight of the evidence. At trial, a witness testified to overhearing defendant and White— both of whom she knew — argue for approximately 90 minutes at the restaurant, during which White told defendant that he had to stop selling drugs from White’s apartment. After White left and started walking up the street, defendant left and ran past the witness stating, “I’m going to clap this nigger” and, shortly thereafter, she heard two gunshots. Defendant later came to her apartment and stated, “I shot that nigger,” and she observed that defendant had a gun. An eyewitness testified to observing defendant and White, both of whom he knew, argue outside of White’s apartment and to actually seeing defendant shoot White. Another witness corroborated seeing de[*825] fendant fleeing the scene of the shooting carrying a gun. Neither the previous criminal convictions of the first witness and the eyewitness nor the favorable treatment offered to the eyewitness on pending charges in exchange for his trial testimony — all of which was fully explored at trial for the jury’s rightful consideration in determining the witnesses’ credibility — rendered the verdict against the weight of the evidence.

Finally, despite defendant’s relatively young age of 20 at the time of this crime and the fact that he had no prior felony convictions, we cannot conclude under the circumstances of this intentional murder — motivated by defendant’s anger over his Mend’s refusal to permit defendant to deal drugs from his apartment — that County Court abused its discretion in imposing the maximum authorized sentence (see, People v Dolphy, 257 AD2d 681, lv denied 93 NY2d 872).

We have considered defendant’s remaining contentions for reversal, including his claims that he was denied the effective assistance of counsel, and find they are not meritorious.

Her cure, J. P., Peters, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.