| People v Anderson |
| 2008 NY Slip Op 01771 [48 AD3d 825] |
| February 26, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tyrone Anderson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, andTziyonah M. Langsam of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.),rendered September 19, 2005, convicting him of robbery in the third degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the court erred in discharging, sua sponte, certain prospectivejurors based on their responses to questions regarding whether they or a relative had beenarrested or convicted of a crime. The court properly excused those prospective jurors based on itsown questioning which revealed, by their own admissions, that they could not be fair andimpartial (see People v Wynder, 41 AD3d 209 [2007]; People v McGhee, 4AD3d 485 [2004]). The defendant's remaining contention regarding jury selection is unpreservedfor appellate review (see CPL 470.05 [2]) and, in any event, is without merit (seePeople v Johnson, 94 NY2d 600 [2000]).
The defendant's constitutional challenge to his adjudication as a persistent felony offender iswithout merit. Contrary to the defendant's contention, the procedure under which he wassentenced as a persistent felony offender did not violate either his Sixth Amendment or dueprocess rights (see Penal Law § 70.10 [2]; People v Rivera, 5 NY3d 61[2005], cert denied 546 US 984 [2005]; People v Jordan, 21 AD3d 1039 [2005]).Mastro, J.P., Florio, Miller and Dickerson, JJ., concur. [See 10 Misc 3d 1059(A), 2005NY Slip Op 52024(U).]