Opinion
(1401) KA 00-02037
November 9, 2001.
(Appeal from Judgment of Chautauqua County Court, Ward, J. — Felony Driving While Intoxicated.)
PRESENT: GREEN, J.P., HAYES, SCUDDER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that reversal is required based on County Court's refusal to dismiss two prospective jurors for cause. We disagree. "[B]ecause defendant had not exercised all of his peremptory challenges by the completion of jury selection, even an erroneous ruling denying a challenge for cause would not constitute reversible error" ( People v. Martinez, 237 A.D.2d 217, lv denied 90 N.Y.2d 941; see, CPL 270.20; People v. Brown, 269 A.D.2d 817, lv denied 95 N.Y.2d 794; People v. Jackson, 262 A.D.2d 1031, lv denied 94 N.Y.2d 881). Contrary to defendant's further contention, the record establishes that the People served a CPL 710.30 notice.