| People v Baker |
| 2011 NY Slip Op 07997 [89 AD3d 1431] |
| November 10, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Desiree R. Baker,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Kristi M. Ahlstrom of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered June 22, 2009.The judgment convicted defendant, upon a jury verdict, of robbery in the first degree and criminalpossession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of robbery inthe first degree (Penal Law § 160.15 [3]) and criminal possession of a weapon in the thirddegree (§ 265.02 [1]). Viewing the evidence in light of the elements of the crime of robbery inthe first degree as charged to the jury (seePeople v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant's contention that theverdict with respect to that count is against the weight of the evidence (see generally People vBleakley, 69 NY2d 490, 495 [1987]). Contrary to the further contention of defendant, weconclude that County Court properly denied her challenge for cause to a prospective juror. "It is wellsettled that 'a prospective juror whose statements raise a serious doubt regarding the ability to beimpartial must be excused unless the [prospective] juror states unequivocally on the record that he orshe can be fair and impartial' " (People vOdum, 67 AD3d 1465, 1465 [2009], lv denied 14 NY3d 804 [2010], 15 NY3d755 [2010], cert denied 562 US —, 131 S Ct 326 [2010], quoting People vChambers, 97 NY2d 417, 419 [2002]; see also People v Semper, 276 AD2d 263[2000], lv denied 96 NY2d 738 [2001]). Even assuming, arguendo, that "the initial statementsof the prospective juror raised a serious doubt regarding his ability to be impartial, we conclude that theprospective juror ultimately stated unequivocally that he could be fair" (People v Brown, 26 AD3d 885, 886[2006], lv denied 6 NY3d 846 [2006]; see Chambers, 97 NY2d at 419).Present—Fahey, J.P., Carni, Sconiers, Gorski and Martoche, JJ.