Opinion
935
May 2, 2002.
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 6, 1999, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 5 years, unanimously affirmed.
SHERYL FELDMAN, for respondent.
HAROLD V. FERGUSON, JR., for defendant-appellant.
Before: Saxe, J.P., Buckley, Rosenberger, Friedman, Marlow, JJ.
Defendant's challenge for cause was properly denied since the venireperson's responses did not cast doubt on her ability to follow the court's instructions (see, People v. Bludson, 97 N.Y.2d 644). The panelist gave an unequivocal assurance of her commitment to follow an instruction that no adverse inference was to be drawn from defendant's failure to testify.
Defendant's application made pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly denied. Defendant did not establish that white males in their twenties constituted a "cognizable group" for Batson analysis (see, Castaneda v. Partida, 430 U.S. 482, 494). We need not decide whether a hybrid group, composed of persons simultaneously possessing a combination of characteristics, can be a "cognizable group."
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.