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STATE OF N.Y. v. NARVAEZ

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 2006

Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's challenge for cause to a prospective juror, whose former relative was the victim of sexual abuse, since the prospective juror gave an unequivocal assurance that she could be fair and impartial ( see People v Arnold, 96 NY2d 358, 363; People v Nowlin, 297 AD2d 554; People v Cherry, 286 AD2d 913).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).