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PEOPLE v. SMITH

48 A.D.3d 489 (2008)

849 N.Y.S.2d 789

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL SMITH, Also Known as RAHEEM HAMPTON, Appellant.

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

Decided February 5, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the subject statements made by a prospective juror did not rise to the level of actual bias or otherwise indicate that she would be unable to render an impartial verdict. Thus, there was no basis for the Supreme Court to administer an expurgatory oath or sustain the defendant's challenge for cause (see People v Ross, 12 A.D.3d 463 [2004]; People...

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