| People v Hemphill |
| 2017 NY Slip Op 01125 [147 AD3d 476] |
| February 10, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Clevester Hemphill, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.
Judgment, Supreme Court, New York County (Wayne M. Ozzi, J., at jury trial and
sentencing; Neil Ross, J., at resentencing), rendered July 12, 2010, as amended July 9, 2015,
convicting defendant of two counts of criminal sale of a controlled substance in the third degree,
and sentencing him, as a second felony drug offender, to concurrent terms of 7
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning identification and credibility.
Review of defendant's claim that the court improperly granted a challenge for cause by the People is statutorily foreclosed because the People did not exhaust their peremptory challenges (see CPL 270.20 [2]). Although the People initially used up their challenges, they subsequently withdrew one of them, and thus the court's ruling, even if erroneous, did not give the People an extra challenge. In any event, the court providently exercised its discretion in disqualifying a panelist who failed to give an unequivocal assurance that she could render an impartial verdict, uninfluenced by knowledge or expertise derived from her studies (see generally People v Arnold, 96 NY2d 358, 363 [2001]; see also People v Culhane, 33 NY2d 90, 108 n 3 [1973]).
The court's Sandoval ruling balanced the appropriate factors and was a provident exercise of discretion (see People v Walker, 83 NY2d 455, 458-459 [1994]). With reasonable limitations, the court permitted inquiry into matters that were probative of credibility. Concur—Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels and Webber, JJ.