| People v Munlyn |
| 2009 NY Slip Op 08842 [67 AD3d 1028] |
| November 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JustinMunlyn, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jason P.Weinstein of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayres, J.),rendered July 23, 2008, convicting him of robbery in the second degree, assault in the seconddegree, and resisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly discharged a sworn jurorbased upon the juror's expressed inability to be fair and impartial as a result of his acquaintancewith a prosecution witness (see Peoplev Lennon, 37 AD3d 853 [2007]; People v Ford, 211 AD2d 438, 439 [1995]).
The defendant's contention that the sentence imposed by the Supreme Court improperlypenalized him for exercising his right to trial is unpreserved for appellate review (see People v Brown, 38 AD3d676, 677 [2007]; People vChapero, 23 AD3d 492, 493 [2005]). In any event, the record reveals no retaliation orvindictiveness against the defendant on the part of the Supreme Court in arriving at the sentence,"and the fact that the sentence imposed after trial was greater than that offered during pleanegotiations is no indication that the defendant was punished for asserting his right to proceed totrial" (People v Tannis, 36 AD3d635, 635 [2007]; see People vDavis, 27 AD3d 761, 762 [2006]). Moreover, the sentence imposed was not excessive(see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, are without merit. Rivera, J.P., Fisher, Belen and Austin, JJ., concur.