Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered May 31, 2006, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.
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.
Andrias, J.P., Sweeny, McGuire, DeGrasse, JJ.
After two prospective jurors, Ms. Brooks-Divers and Ms. Ortiz, indicated in response to questions by the prosecutor that they could not convict defendant unless at least two witnesses testify, the transcript of the voir dire reflects the following:
[The prosecutor]: Need two witnesses.
Anybody else agree with that by a show of hands, that you would need two witnesses? Okay.
Now, Miss Brooks-Divers and Miss Ortiz, the judge is gonna tell ya', he's gonna where did he go?
I think he's gonna tell ya', he's gonna instruct you on the law. He's gonna tell you what the law is.
The Clerk: He'll be right back.
[The prosecutor]: One of the things he's gonna tell ya' is that I have to prove the elements of the crime beyond a reasonable doubt, and you will hear that there are certain elements for what constitutes a burglary.
And you're also gonna hear that I have to prove that Mr. Bosa was the one who committed the burglary.
The judge is gonna tell you that there is no formula for how I could do that.
Miss Brooks-Divers, are you shaking your head? You're kind of thinking? Prospective Juror: ...