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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SERGEY SHTILMAN, DEFENDANT-APPELLANT.

The court properly granted the People's challenge for cause to a potential juror who repeatedly and unwaveringly indicated that she would subject police testimony to especially close scrutiny. The panelist revealed "opinions reflecting a state of mind likely to preclude impartial service," and although questioned by both the court and the People, she failed to give any unequivocal assurance that she could set aside her expressed bias and "render an impartial verdict based on the evidence." (see, People v. Johnson, 94 N.Y.2d 600, 614; see also, People v. Rodriguez, 216 A.D.2d 182, lv denied 86 N.Y.2d 846).

We perceive no basis for reduction of sentence, except that, as the People concede, defendant's sentence under the fourth count of the indictment was unlawful to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. SHTILMAN
(Dec 5, 2000)