People v. Darrell Spencer

Decided On : 6/22/2017
AD1 order dated January 26, 2016, affirming judgment of conviction.  Decision below: 135 A.D.3d 608, 24 NYS2d 48.  Tom (AD dissenter), J., granted leave March 3, 2016.
ISSUES PRESENTED: (1) Whether the court violated the controlling statute and appellant’s jury rights by refusing to discharge, as grossly unqualified, a deliberating juror who unequivocally declared her inability to set aside her emotions and decide the case solely on the facts and the law. (2) Whether the court’s denial of an intoxication charge lacked a lawful basis and requires reversal. (3) Whether appellant’s warrantless arrest violated Payton v. New York.  (Assigned counsel: Susan H. Salomon & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)

Related Information:
People v Spencer