| People v MacFarlane |
| 2011 NY Slip Op 06355 [87 AD3d 700] |
| August 23, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v EldenMacFarlane, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono and Anne Oh ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle,J.), rendered March 18, 2008, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant contends that the prosecution failed to prove his guilt by legally sufficientevidence because he was not responsible by reason of mental disease or defect (see PenalLaw § 40.15). Viewing the evidence in the light most favorable to the prosecution (seePeople v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt (see People v Noll, 82 AD3d 1266 [2011], lv denied 16NY3d 897 [2011]; People v Trojan,73 AD3d 818 [2010]; People vGinsberg, 36 AD3d 627, 628 [2007]).
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the factfinder's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing therecord here, we are satisfied that the verdict of guilt was not against the weight of the evidence(see People v Romero, 7 NY3d633 [2006]). The People offered expert testimony to rebut the testimony of the defenseexpert that, due to a mental disease or defect, the defendant lacked substantial capacity to knowor appreciate the nature and consequences of his conduct, or that his conduct was wrong when hecommitted the crime (see People v Noll, 82 AD3d at 1267; People v Trojan, 73AD3d at 819; People v Collins, 27AD3d 660, 661 [2006]; People v Rahman, 202 AD2d 696 [1994]).
Nonetheless, the judgment of conviction must be reversed, and a new trial ordered.
CPL 270.20 (1) (b) provides that a prospective juror may be challenged for cause if he or she"has a state of mind that is likely to preclude [her or] him from rendering an impartial verdictbased upon the evidence adduced at the trial." Where an issue is raised concerning the ability of aprospective juror to be fair and impartial, the prospective juror must state unequivocally that his[*2]or her prior state of mind will not influence his or her verdict,and that he or she will render an impartial verdict based solely on the evidence (see People vJohnson, 94 NY2d 600, 614 [2000]; People v Blyden, 55 NY2d 73, 77-78 [1982]; People v Rose, 73 AD3d 1091[2010]; People v Goodwin, 64AD3d 790, 791 [2009]; People vHayes, 61 AD3d 992, 992-993 [2009]; People v Garrison, 30 AD3d 612, 613 [2006]). "A prospectivejuror's responses construed as a whole, must demonstrate an 'absolute belief that his [orher] opinion will not influence his [or her] verdict' " (People v Goodwin, 64 AD3d at792, quoting People v Culhane, 33 NY2d 90, 107 [1973]; see People v McQuade,110 NY 284, 301 [1888]).
During voir dire, a prospective juror stated that her father and several friends either workedas police officers or were retired from the police force. In addition, the prospective juror addedthat her husband worked in law enforcement. The prospective juror expressed on two occasionsher concern that she may give the testimony of a police officer more credence than she would toother witnesses. When asked if she would give no greater credibility to the testimony of policeofficers, the prospective juror replied, "I would like to think that I can be fair, but it's hard."When asked if she could evaluate the testimony of police officers in the same way as any otherwitness, the prospective juror answered, "I would hope so." Further, in response to a query fromdefense counsel as to whether she could be fair and impartial, the prospective juror stated, "I'dlike to think of myself as a fair person, but I—it's—I—I do give policeofficers a little more credence, I think, than I would other people."
At no point did the prospective juror unequivocally state that her bias in favor of the policewould not influence her verdict, and that she would render an impartial verdict based solely onthe evidence. Therefore, the trial court should have granted the defendant's challenge for cause tothat prospective juror (see People v Hayes, 61 AD3d at 993; People v Harris, 14 AD3d 622,623 [2005]). Since the defendant exercised a peremptory challenge to remove the prospectivejuror and exhausted his allotment of peremptory challenges prior to the completion of juryselection, the judgment of conviction must be reversed and a new trial ordered (see CPL270.20 [2]; People v Torpey, 63 NY2d 361, 365 [1984]; People v Goodwin, 64AD3d at 791; People v Hayes, 61 AD3d at 993). Covello, J.P., Eng, Leventhal andCohen, JJ., concur.