57 A.D.3d 911 869 N.Y.S.2d 348

The People of the State of New York, Respondent, v Kaydon Baskerville, Appellant.

[869 NYS2d 348]

To preserve a claim that the court improperly denied a “for cause” challenge to a prospective juror, a defendant must exhaust all of his peremptory challenges before the selection of the jury is complete (see CPL 270.20 [2]; People v Lynch, 95 NY2d 243, 248 [2000]). Here, the defendant failed to do so, and accordingly the argument is unpreserved for appellate review (see CPL 270.25 [2] [c]). In any event, the challenged prospective alternate juror unambiguously stated that his prior experience with crime would not impact his ability to render a fair verdict (see People v LaValle, 3 NY3d 88, 103 [2004]).

Contrary to the defendant’s contention, the County Court properly declined to deliver a full circumstantial evidence charge since there was some direct evidence of the defendant’s guilt (see People v Roldan, 88 NY2d 826 [1996]; People v McCoy, 30 AD3d 441 [2006]).

The defendant’s general challenge to comments made by the prosecutor during summation is unpreserved for appellate review (see CPL 470.05 [2]; People v Applewhite, 50 AD3d 1046 [2008]). In any event, the prosecutor’s comments in summation were fair comment on the evidence (see People v Ashwal, 39 NY2d 105 [1976]).

*912Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Mastro, J.P., Miller, Balkin and McCarthy, JJ., concur.

People v. Baskerville
57 A.D.3d 911 869 N.Y.S.2d 348

Case Details

Name
People v. Baskerville
Decision Date
Dec 23, 2008
Citations

57 A.D.3d 911

869 N.Y.S.2d 348

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!