Opinion
2014–05188 Ind. No. 135/12
12-19-2018
The PEOPLE, etc., Respondent, v. Eduardo VIAS, Appellant.
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn and Isa Grigoryev of counsel), for appellant, and appellant pro se. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn and Isa Grigoryev of counsel), for appellant, and appellant pro se.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Robert J. Collini, J.), rendered May 8, 2014, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court improperly curtailed counsels' questioning of certain prospective jurors while failing to conduct a sufficient inquiry to determine if those prospective jurors could be fair and impartial is unpreserved for appellate review (see CPL 470.05[2] ; People v. Cunningham, 119 A.D.3d 601, 601, 988 N.Y.S.2d 696 ; People v. Toussaint, 40 A.D.3d 1017, 837 N.Y.S.2d 218 ). In any event, the defendant's contention is without merit, as the record establishes that the court and the attorneys fully explored any potential bias or concerns with respect to the prospective jurors in question, and the court either properly excluded them or obtained unequivocal assurances that they would follow the law and be impartial (cf. People v. Bludson, 97 N.Y.2d 644, 736 N.Y.S.2d 289, 761 N.E.2d 1016 ; People v. Johnson, 94 N.Y.2d 600, 614, 709 N.Y.S.2d 134, 730 N.E.2d 932 ; People v. Rudolph, 266 A.D.2d 568, 569, 698 N.Y.S.2d 912 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.
RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.