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The PEOPLE of the State of New York, Respondent, v. Keston BROWN, Defendant–Appellant.

GONZALEZ

Affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.

GONZALEZ, P.J., MAZZARELLI, ANDRIAS, DeGRASSE, CLARK, JJ.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 10, 2011, convicting defendant, after a jury trial, of manslaughter in the second degree, assault in the second degree, and operating a motor vehicle while under the influence of alcohol, and sentencing him to concurrent terms of 5 to 15 years, 7 years, and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. Contrary to defendant's argument, the evidence showed that he acted recklessly ( see People v. Asaro, 21 N.Y.3d 677, 976 N.Y.S.2d 10, 998 N.E.2d 810 [2013]; People v. Sands, 159 A.D.2d 984, 552 N.Y.S.2d 756 [4th Dept.1990] ). Among other things, the evidence supported reasonable inferences that defendant drove a van with knowledge of its extremely defective steering mechanism, that he drove it after consuming a large amount of alcohol and becoming highly intoxicated, and that after he lost control of the van due to its faulty steering he accelerated rather than braking as the van went onto a busy sidewalk, killing one pedestrian and injuring another.

The court properly exercised its discretion in denying defendant's challenge for cause to a prospective juror who noted that her grandfather had been fatally struck by a bus, which did not “cast serious doubt” on her ability to be impartial ( People v. Arnold, 96 N.Y.2d 358, 363, 729 N.Y.S.2d 51, 753 N.E.2d 846 [2001]; see People v. Howze, 57 A.D.3d 220, 868 N.Y.S.2d 63 [1st Dept.2008], lv. denied 12 N.Y.3d 758, 876 N.Y.S.2d 710, 904 N.E.2d 847 [2009] ). Moreover, she unequivocally assured the court that she would be able to “objective and compartmentalized,” and would consider this case solely based on the evidence ( see People v. Lucas, 297 A.D.2d 568, 747 N.Y.S.2d 466 [1st Dept.2002], lv. denied 99 N.Y.2d 560, 754 N.Y.S.2d 213, 784 N.E.2d 86 [2002] ).

We perceive no basis for reducing the sentence.

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People v. Brown
(Oct 23, 2014)