Opinion
No. 1691.
December 8, 2009.
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.
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.
Before: Andrias, J.P., Saxe, Sweeny, Moskowitz and Abdus-Salaam, JJ.
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, with People v Sarubbi, 61 AD3d 493, 493).