PEOPLE v. NOWLIN (2002)

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered September 24, 1999, convicting defendant, after a jury trial, of two counts of sexual abuse in the first degree, two counts of sodomy in the second degree, six counts of sexual abuse in the second degree and two counts of endangering the welfare of a child, and sentencing him, as a second felony offender, to an aggregate term of 21 years, unanimously affirmed.

 The court properly exercised its discretion in denying defendant's challenge for cause.   In this case involving the sexual abuse of two boys, the record supports the court's determination that the prospective juror, who herself had been abused as a child, gave the requisite unequivocal assurance of impartiality (People v. Arnold, 96 N.Y.2d 358, 363, 729 N.Y.S.2d 51, 753 N.E.2d 846;  People v. Chambers, 97 N.Y.2d 417, 740 N.Y.S.2d 291, 766 N.E.2d 953;  compare People v. Greene, 290 A.D.2d 349, 737 N.Y.S.2d 32).

 The court properly exercised its discretion in admitting testimony by two previous victims of defendant.   In light of the defense raised by defendant at trial, this evidence was admissible on the sexual abuse counts to prove defendant's intent and was relevant to rebut the suggestion of mistake or accident (see People v. Alvino, 71 N.Y.2d 233, 241-242, 525 N.Y.S.2d 7, 519 N.E.2d 808).   Defendant did not dispute the People's contention that one of the issues before the jury was whether the alleged sexual touching was the inadvertent result of horseplay.   None of the evidence at issue deprived defendant of a fair trial, particularly in light of the court's thorough instructions to the jury.