PEOPLE v. BRATHWAITE


276 A.D.2d 707 (2000)

714 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW BRATHWAITE, Also Known as TYRONE CLARKE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.


Ordered that the judgment is affirmed.

A prospective juror who evinces a "state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence adduced at the trial" may be challenged for cause (CPL 270.20 [1] [b]). Here, the trial court, "which had the peculiar advantage of having seen and heard the panelist" (People v Harris, 247 A.D.2d 630, 632), properly exercised its discretion...

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