| People v Noakes |
| 2008 NY Slip Op 09700 [57 AD3d 280] |
| December 11, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DianaNoakes, Also Known as Adele Chandler and Adell Robinson,Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Frances Y. Wang of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Robert G. Seewald, J.), rendered July 7, 2006,convicting defendant, after a jury trial, of assault in the first degree, and sentencing her, as asecond violent felony offender, to a term of 13 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinationsconcerning identification and credibility, including its evaluation of the victim's testimony that, atthe time of the crime, she knew her assailant's first name. Moreover, the victim's identification ofdefendant was corroborated by circumstantial evidence.
The court properly denied defendant's challenge for cause to a prospective juror with abackground in occupations related to law enforcement. The panelist provided unequivocalassurances of his impartiality and ability to follow the court's instructions on such matters as theburden of proof (see People vWashington, 35 AD3d 288 [2006], lv denied 8 NY3d 951 [2007]), and he nevermanifested any difficulty in applying the presumption of innocence. While defendant challengesthe sincerity of the panelist's voir dire responses, the trial court "saw and heard the panelist,credited his assurances, and there is no basis for disturbing its determination." (Id. at288.) Concur—Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.