Opinion
2015-02-3
The PEOPLE of the State of New York, Respondent, v. Jonathan NARVAEZ, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered July 30, 2009, convicting defendant, after a jury trial, of attempted rape in the first degree and sexual abuse in the first degree, and sentencing him to an aggregate term of 13 years, unanimously affirmed.
The court properly denied for-cause challenges to two prospective jurors. While both made statements raising initial doubt about their ability to be impartial, both subsequently gave unequivocal assurances of their impartiality ( see People v. Chambers, 97 N.Y.2d 417, 740 N.Y.S.2d 291, 766 N.E.2d 953 [2002] ). Furthermore, a trial court is in the best position to evaluate a panelist's responses, including by way of observation of the panelist's demeanor ( see People v. Shulman, 6 N.Y.3d 1, 27, 809 N.Y.S.2d 485, 843 N.E.2d 125 [2005], cert. denied 547 U.S. 1043, 126 S.Ct. 1623, 164 L.Ed.2d 339 [2006] ).
The court properly exercised its discretion in denying defendant's motions for a mistrial based on alleged improprieties in the prosecutor's cross-examination of defendant and in his summation. To the extent that the prosecutor strayed, on isolated occasions, beyond the proper bounds of inquiry or argument, the court's prompt curative actions minimized any prejudice ( see People v. Santiago, 52 N.Y.2d 865, 437 N.Y.S.2d 75, 418 N.E.2d 668 [1981] ), and defendant was not deprived of a fair trial ( see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1st Dept.1997], lv. denied91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1992]; People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept.1992], lv. denied81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ).
We perceive no basis for reducing the sentence. MAZZARELLI, J.P., SWEENY, MOSKOWITZ, DeGRASSE, MANZANET–DANIELS, JJ., concur.