People v. Herring
The People of the State of New York v. Henry Herring
Full Opinion (html_with_citations)
The trial court properly denied the defendantās challenge for cause to a prospective juror. There was no evidence in the record that the juror had āa state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trialā (CPL 270.20 [1] [b]; see People v Callaghan, 220 AD2d 609 [1995]). Further, the record supports the courtās determination that the prospective jurorās ability to communicate in the English language was sufficient (see CPL 270.20 [1] [a]; People v Chohan, 254 AD2d 124 [1998]). Contrary to the defendantās additional contention, defense counselās decision not to exercise a peremptory challenge against that prospective juror after the court denied his challenge for cause did not constitute ineffective assistance of counsel (see People v Caban, 5 NY3d 143 [2005]; People v Benevento, 91 NY2d 708 [1998]).