Opinion
February 10, 1999
Appeal from Judgment of Monroe County Court, Maloy, J. — Murder, 2nd Degree.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly granted the People's motion to dismiss a sworn juror for cause while jury selection was still in progress ( see, CPL 270.15). We defer to the assessment of the trial court that the juror had "a state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20 [b]; see, People v. Torpey, 63 N.Y.2d 361, rearg denied 64 N.Y.2d 885; People v. Johnson, 252 A.D.2d 967, aff'd 92 N.Y.2d 976).