People v. Washington

254 A.D.2d 148, 679 N.Y.S.2d 31, 1998 N.Y. App. Div. LEXIS 11016

Opinion

Judgment, Supreme Court, New York County (Renee White, J.), rendered February 28, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and resisting arrest, and sentencing him to concurrent prison terms of 1 year, unanimously affirmed.

Defendant’s motion to suppress was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761).

The court properly exercised its discretion in refusing to excuse for cause a prospective juror who indicated to the court that a close friend had been shot to death but that she would try not to let that affect her ability to be impartial (People v Williams, 63 NY2d 882; People v Middleton, 220 AD2d 202, lv denied 87 NY2d 848). This prospective juror never expressed any actual bias; therefore, she was not required to make an unequivocal declaration overcoming a bias that she never stated she possessed (compare, People v Torpey, 63 NY2d 361). Concur — Nardelli, J. P., Wallach, Tom and Andrias, JJ.