People v. Brown

Feb 3, 2006
Versions:26 A.D.3d 885
807 N.Y.S.2d 779

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

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, grand larceny in the fourth degree (Penal Law § 155.30 [1]). We reject the contention of defendant that Supreme Court erred in denying his challenge for cause to a prospective juror who had previously been employed as a law enforcement officer. The statement of the prospective juror regarding his evaluation of police testimony did not indicate that he possessed “a state of mind that [was] likely to preclude him from rendering an impartial verdict” (CPL 270.20 [1] [b]; see People v De La Cruz, 223 AD2d 472, 473 [1996], lv denied 88 NY2d 846 [1996]). In any event, even if the initial statements of the prospective juror raised a serious doubt regarding his ability to be impartial, we conclude that the prospective juror ultimately stated unequivocally that he could be fair (see People v Chambers, 97 NY2d 417, 419 [2002]). We reject the further contention of defendant that the verdict finding him guilty of grand larceny is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Finally, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Pine, JJ.