People v Jackson

People v Jackson 2009 NY Slip Op 09080 [68 AD3d 484] December 8, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Darnell Jackson, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Susan H. Salomon of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 19, 2008, convicting defendant, after a jury trial, of two counts of assault in the third degree and sentencing him to concurrent terms of 60 days and 30 days, followed by three years of probation, unanimously affirmed.

The trial court properly denied defendant's for cause challenge to a prospective juror who indicated that she was "affected" by a prior mugging because the panelist, upon the court's and prosecutor's inquiry, indicated that she could remain impartial and follow the court's instructions (compare People v Valdivia, 65 AD3d 950, 950 [2009], with People v Sarubbi, 61 AD3d 493, 493 [2009]). Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and Abdus-Salaam, JJ.