PEOPLE v. BURTS (1997)

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered May 24, 1994, convicting defendant, after a jury trial, of attempted robbery in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The court properly denied defendant's challenge for cause to a prospective juror who had initially expressed a desire to hear defendant's testimony.   The prospective juror did not demonstrate bias toward defendant or indicate that she would be unable to render an impartial verdict (see, People v. Hernandez, 222 A.D.2d 696, 636 N.Y.S.2d 74, lv. denied 88 N.Y.2d 986, 649 N.Y.S.2d 393, 672 N.E.2d 619;  People v. Archer, 210 A.D.2d 241, 619 N.Y.S.2d 738, lv. denied 84 N.Y.2d 1028, 623 N.Y.S.2d 184, 647 N.E.2d 456), and the totality of her responses indicated an ability to decide the case impartially (see, People v. DeHoyas, 234 A.D.2d 137, 651 N.Y.S.2d 306;  People v. Middleton, 220 A.D.2d 202, 631 N.Y.S.2d 837, lv. denied 87 N.Y.2d 848, 638 N.Y.S.2d 607, 661 N.E.2d 1389).

MEMORANDUM DECISION.