| People v Smith |
| 2008 NY Slip Op 01181 [48 AD3d 489] |
| February 5, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamelSmith, Also Known as Raheem Hampton, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, andJudd B. Grossman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (M. Brennan,J.), rendered March 2, 2005, convicting him of robbery in the first degree, criminal possession ofstolen property in the fifth degree, and attempted assault in the third degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the subject statements made by a prospective jurordid not rise to the level of actual bias or otherwise indicate that she would be unable to render animpartial verdict. Thus, there was no basis for the Supreme Court to administer an expurgatoryoath or sustain the defendant's challenge for cause (see People v Ross, 12 AD3d 463 [2004]; People vRudolph, 266 AD2d 568, 568-569 [1999]; People v Archer, 210 AD2d 241, 241-242[1994]; cf. People v Brown, 111 AD2d 248 [1985]).
The defendant's allegations of improper bolstering and accomplice identification areunpreserved for appellate review (see CPL 470.05 [2]; People v West, 56 NY2d662, 663 [1982]; People v Samuels,22 AD3d 507, 508 [2005]), and we decline to reach them in our interest of justicejurisdiction. Further, the defendant was not denied the effective assistance of counsel under thecircumstances presented (see People vTaylor, 1 NY3d 174, 176 [2003]; People v Benevento, 91 NY2d 708, 713[1998]). Rivera, J.P., Ritter, Dillon and Carni, JJ., concur.