Opinion
570313/18
01-10-2022
The People of the State of New York, Respondent, v. Ruben Fernandez, Defendant-Appellant.
Unpublished Opinion
PRESENT: Edmead, P.J., McShan, Silvera, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Heidi C. Cesare, J.), rendered April 26, 2018, after a jury trial, convicting him of driving while intoxicated per se and driving while intoxicated, and imposing sentence.
Judgment of conviction (Heidi C. Cesare, J.), rendered April 26, 2018, affirmed.
Giving deference to the trial court's ability to observe demeanor, we conclude that it properly granted the prosecutor's challenge for cause to a prospective juror, since the panelist lacked the ability to evaluate police testimony fairly and impartially. Although the prospective juror stated that she could be fair, her assurances were invariably qualified by references to her predispositions; under the circumstances, it was best to disqualify her (see People v De La Cruz, 44 A.D.3d 346, 347 [2007], lv denied 9 N.Y.3d 1005 [2007]; People v Oliveri, 29 A.D.3d 330, 331 [2006], lv denied 7 N.Y.3d 792 [2006]). "It is almost always wise... to err on the side of disqualification because 'the worst the court will have done in most cases is to have replaced one impartial juror with another impartial juror'" (People v Culhane, 33 N.Y.2d 90, 108 n 3 [1973]; see People v Arnold, 96 N.Y.2d 358, 362 [2001]).
All concur