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PEOPLE v. SMITH

27 A.D.3d 242 (2006)

810 N.Y.S.2d 193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SMITH, Appellant.

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

March 7, 2006.

The court properly denied defendant's challenge for cause. The resettled record establishes that the prospective juror at issue responded that he did not "think" that a family tragedy would affect his ability to be impartial. This response was not equivocal, particularly when viewed together with the panelist's subsequent declarations of his impartiality (see People v Chambers, 97 N.Y.2d 417

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