People v. Anderson

242 A.D.2d 489, 663 N.Y.S.2d 963, 1997 N.Y. App. Div. LEXIS 9105

Opinion

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered February 8, 1995, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

Defendant has not preserved his claim that the court improperly granted a challenge for cause by the People, and we decline to review it in the interest of justice. The prosecutor provided adequate grounds for a challenge for cause, based on his recollections of the juror’s responses and demeanor during voir dire. Although defendant made a perfunctory objection to the challenge for cause, he did nothing to contradict the prosecutor’s representations, which were accepted by the court (see, People v Hernandez, 122 AD2d 856; see also, People v Smith, 208 AD2d 455, lv denied 84 NY2d 1039). Thus, the issue is unpreserved, as well as being unreviewable for lack of a sufficient record. In any event, the existing voir dire record, read as a whole, supports the challenge for cause (see, People v Blyden, 55 NY2d 73). Concur—Rosenberger, J. P., Ellerin, Williams, Tom and Colabella, JJ.