People v Noakes

People v Noakes 2008 NY Slip Op 09700 [57 AD3d 280] December 11, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Diana Noakes, Also Known as Adele Chandler and Adell Robinson, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Karen M. Kalikow of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Frances Y. Wang of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert G. Seewald, J.), rendered July 7, 2006, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her, as a second violent felony offender, to a term of 13 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning identification and credibility, including its evaluation of the victim's testimony that, at the time of the crime, she knew her assailant's first name. Moreover, the victim's identification of defendant was corroborated by circumstantial evidence.

The court properly denied defendant's challenge for cause to a prospective juror with a background in occupations related to law enforcement. The panelist provided unequivocal assurances of his impartiality and ability to follow the court's instructions on such matters as the burden of proof (see People v Washington, 35 AD3d 288 [2006], lv denied 8 NY3d 951 [2007]), and he never manifested any difficulty in applying the presumption of innocence. While defendant challenges the sincerity of the panelist's voir dire responses, the trial court "saw and heard the panelist, credited his assurances, and there is no basis for disturbing its determination." (Id. at 288.) Concur—Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.