People v. Bradshaw

292 A.D.2d 315, 739 N.Y.S.2d 264, 2002 N.Y. App. Div. LEXIS 3282

Opinion

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered January 27, 2000, convicting defendant, after a jury trial, of attempted robbery in the third, degree, and sentencing him to a term of 2 to 4 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s challenge for cause. The record, viewed as a whole, supports the court’s determination that the prospective juror’s promise to be impartial was credible (see, People v Arnold, 96 NY2d 358, 363). While some of the panelist’s initial responses were equivocal, the court thoroughly questioned her and elicited the requisite unequivocal assurance of impartiality (see, People v Ortega, 245 AD2d 213, lv denied 91 NY2d 1011). Concur — Mazzarelli, J.P., Andrias, Wallach, Rubin and Marlow, JJ.