Opinion
October 20, 1998
Appeal from the Supreme Court, New York County (Renee White, J.).
Defendant's motion to suppress was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761).
The court properly exercised its discretion in refusing to excuse for cause a prospective juror who indicated to the court that a close friend had been shot to death but that she would try not to let that affect her ability to be impartial ( People v. Williams, 63 N.Y.2d 882; People v. Middleton, 220 A.D.2d 202, lv denied 87 N.Y.2d 848). This prospective juror never expressed any actual bias; therefore, she was not required to make an unequivocal declaration overcoming a bias that she never stated she possessed ( compare, People v. Torpey, 63 N.Y.2d 361).
Concur — Nardelli, J.P., Wallach, Tom and Andrias, JJ.