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The People &c., Respondent, v. Rudy C. Patterson, Appellant.

People v. Patterson

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Chief Judge DiFiore and Judges Stein, Garcia and Feinman concur. Judge Fahey dissents in part in an opinion in which Judges Rivera and Wilson concur.

MEMORANDUM The order of the Appellate Division should be affirmed. The trial court did not abuse its discretion in denying defendant’s challenge for cause to a prospective juror pursuant to CPL 270 (1) (b). When defense counsel directly asked the prospective juror, “if you don’t hear from [defendant], you don’t hear him speak, are you going to hold that against him,” she responded, “I don’t believe that I would.” This response directly refuted any notion that the prospective juror would “hold” defendant’s failure to testify “against him,” i.e., that she would be biased in rendering a decision. Viewing this statement “in totality and in context” (see People v. Warrington, 28 NY3d 1116, 1120 [2016], citing People v. Johnson, 94 NY2d 600, 615 [2000]), the exchange did not, in the first instance, demonstrate “preexisting opinions that might indicate bias” (People v. Arnold, 96 NY2d 358, 363 [2001]; cf. People v. Bludson, 97 NY2d 644, 645 [2001]).1 Thus, the trial court was not required to inquire further “to obtain unequivocal assurance that [the juror] could be fair and impartial” (People v. Wright, 30 NY3d 933, 934 [2017]; People v. Harris, 19 NY3d 679, 685-686 [2012]). We also reject defendant’s challenges to the suppression ruling and the legal sufficiency of the evidence. Defendant’s remaining contentions are without merit.

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