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The PEOPLE, etc., Respondent, v. Albert REID, Appellant.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered April 11, 1996, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's sole contention is that the trial court erred in denying the defense counsel's challenge for cause of a juror whose brother was a police officer. A challenge to a prospective juror on the ground that the juror has a state of mind that is likely to preclude him or her from rendering an impartial verdict should only be granted if there is a substantial risk that the juror's state of mind will affect his or her ability to discharge his responsibilities, a determination committed to the discretion of the trial court, with its unique opportunities to evaluate the prospective jurors during voir dire (see, People v. Williams, 63 N.Y.2d 882, 483 N.Y.S.2d 198, 472 N.E.2d 1026; People v. Davis, 221 A.D.2d 653, 635 N.Y.S.2d 506; People v. Campbell, 216 A.D.2d 482, 628 N.Y.S.2d 387). The court did not improvidently exercise its discretion in denying the defense counsel's challenge.
MEMORANDUM BY THE COURT.
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Decided: June 08, 1998
Court: Supreme Court, Appellate Division, Second Department, New York.
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