NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 8, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DARNELL JACKSON, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 19, 2008, convicting defendant, after a jury trial, of two counts of assault in the third degree and sentencing him to concurrent terms of 60 days and 30 days, followed by three years of probation, 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., Saxe, Sweeny, Moskowitz, Abdus-Salaam, JJ.
The trial court properly denied defendant's for cause challenge to a prospective juror who indicated that she was "affected" by a prior mugging because the panelist, upon the court's and prosecutor's inquiry, indicated that she could remain impartial and follow the court's instructions (compare People v Valdivia, 65 AD3d 950, 950 , with People v Sarubbi, 61 AD3d 493, 493 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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