Opinion
September 25, 1997
Appeal from Supreme Court, Bronx County (Harold Silverman, J.).
Defendant has not preserved his claim that the court improperly granted a challenge for cause by the People, and we decline to review it in the interest of justice. The prosecutor provided adequate grounds for a challenge for cause, based on his recollections of the juror's responses and demeanor during voir dire. Although defendant made a perfunctory objection to the challenge for cause, he did nothing to contradict the prosecutor's representations, which were accepted by the court ( see, People v. Hernandez, 122 A.D.2d 856; see also, People v. Smith, 208 A.D.2d 455, lv denied 84 N.Y.2d 1039). Thus, the issue is unpreserved, as well as being unreviewable for lack of a sufficient record. In any event, the existing voir dire record, read as a whole, supports the challenge for cause ( see, People v Blyden, 55 N.Y.2d 73).
Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Colabella, JJ.