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PEOPLE v. LEON

414 KA 19-00672.

204 A.D.3d 1526 (2022)

165 N.Y.S.3d 777

2022 NY Slip Op 02923

The People of the State of New York, Respondent, v. Roberto Leon, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 29, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF NELSON S. TORRE, BUFFALO (NELSON S. TORRE OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, NeMoyer and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]) and criminal possession of a weapon in the second degree (§ 265.03[3]). Contrary to defendant's contention, we conclude that Supreme Court did not err in discharging a juror over his objection. The trial court is generally "accorded latitude...

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