People v. Calvin Harris


AD3 order dated July 28, 2011, affirming judgment of conviction. Decision below: 88 AD3d 83, 928 NYS2d 114. Malone, J. (AD dissenter), granted leave September 7, 2011.

ISSUES PRESENTED: (1) Sufficiency of circumstantial evidence of murder. (2) The denial of a for-cause challenge to a juror who did not, after offering pre-existing opinions about defendant’s guilt, offer unequivocal assurances that she could be fair. (3) The failure to give a limiting instruction that prejudicial hearsay was not admitted for its truth. (4) Preclusion of exculpatory affidavit by a deceased witness. (5) Prosecutorial misconduct on summation. (6) Pretrial publicity.

(1) Sufficiency of circumstantial evidence; (2) denial of for-cause challenge; (3) failure to give limiting instruction; (4) preclusion of affidavit by a deceased witness; (4) DA misconduct; (5) pretrial publicity