People of the State of New York v Melendez

[*1] People of the State of New York v Melendez 2019 NY Slip Op 51527(U) Decided on September 27, 2019 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 27, 2019
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Gonzalez, Edmead, JJ.
570798/15

The People of the State of New York,

against

Roberto Melendez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ann E. Scherzer, J.), rendered July 23, 2015, after a jury trial, convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle while ability impaired, and imposing sentence.

Per Curiam.

Judgment of conviction (Ann E. Scherzer, J.), rendered July 23, 2015, affirmed.

Defendant did not preserve his claim that the court erred in granting the People's challenge to excuse a prospective juror for cause (see People v Toledo, 101 AD3d 571 [2007], lv denied 21 NY3d 947 [2013]), and we decline to review it in the interest of justice. As an alternative holding, we find that the court providently exercised its discretion in granting the People's challenge for cause to a potential juror who indicated that she was "personally opinionated against police" and could not view a uniformed police officer like "any person walking down the street." The panelist revealed "opinions reflecting a state of mind likely to preclude impartial service," and although questioned further by both the court and counsel, she failed to give an unequivocal assurance that she could set aside her expressed bias and "render an impartial verdict based on the evidence" (People v Johnson, 94 NY2d 600, 614 [2000]; see People v Warrington, 28 NY3d 1116, 1119 [2016]; People v Biondo, 41 NY2d 483, 485 [1977]; People v Whitehead, 153 AD3d 1177, 1178 [2017], lv denied 30 NY3d 1110 [2018]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 27, 2019