SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 23, 2008
THE PEOPLE, ETC., RESPONDENT,
KAYDON BASKERVILLE, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 29, 2005, convicting him of criminal possession of stolen property in the third degree and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., HOWARD MILLER, RUTH C. BALKIN, WILLIAM E. McCARTHY, JJ.
(Ind. No. 05-00546)
DECISION & ORDER
ORDERED that the judgment is affirmed.
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; People v Lynch, 95 NY2d 243, 248). Here, the defendant failed to do so, and accordingly the argument is unpreserved for appellate review (see CPL 270.25[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).
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; People v McCoy, 30 AD3d 441).
The defendant's general challenge to comments made by the prosecutor during summation is unpreserved for appellate review (see CPL 470.05; People v Applewhite, 50 AD3d 1046). In any event, the prosecutor's comments in summation were fair comment on the evidence (see People v Ashwal, 39 NY2d 105).
Upon 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).
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.
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