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WALKER, BENNY L., PEOPLE v
Citation: Not availableDocket: KA 09-00282
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 2012; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, affirmed the judgment convicting Benny L. Walker of three counts of sexual abuse in the second degree, following a jury verdict. The appeal focused on two primary issues raised by the defendant. First, Walker argued that the court committed reversible error by questioning and discharging a sworn juror without the presence of the defendant or his counsel. The appellate court recognized the discharge as a mode of proceedings error, thereby not requiring preservation of this contention. However, they found that Walker had effectively waived his right to appellate review by consenting to the court's procedure regarding the juror's discharge. Second, the defendant contended that the court improperly allowed a police impact investigator to refer to the complainant as a "victim" during his testimony. The court found this contention lacking merit, noting that the investigator did not disclose the interview's contents or provide opinions on credibility or guilt, thus not bolstering the complainant's testimony or usurping the jury's role. The jury was instructed that they were the ultimate factfinders, and any potential error in admitting the investigator’s testimony was deemed harmless. The final decision was entered on June 8, 2012, affirming the original judgment.