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THE PEOPLE OF THE STATE OF NEW YORK, Respondent
v.
PUNEET PARASHER, Appellant.
Submitted By: Christopher M. Cevasco (counsel for the appellant)
Argued By: Douglas Noll (counsel for the respondent)
Conviction Reversed: Allan L. Winick, J.P.; Robert W. Doyle & Nicholas Colabella, JJ.
DECISION OF THE COURT
<SM-1>
Appeal by defendant from a judgment of the District Court, Nassau County (M. Reilly, J.), rendered February 2, 2000, convicting him of driving while intoxicated (Vehicle and Traffic Law § 1192[2]) and imposing sentence.
Judgment of conviction unanimously reversed on the law and the matter remanded to the court below for a new trial. <SM-2>
During voir dire, the court denied defendant's challenge for cause to a prospective juror who was not able to state unequivocally that she would be able to render a verdict based solely on the evidence adduced at trial. This was error (see, People v. Johnson, 94 NY2d 600; People v. Camacho, 280 AD2d 609; People v. Morton, 271 AD2d 702). As the defendant exhausted all of his peremptory challenges prior to the completion of jury selection, the court's failure to grant the for cause challenge to this prospective juror constitutes reversible error (see, CPL 270.20[2]; People v. Camacho, supra; People v. Morton, supra).
"[R]esolution[s] of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (People v. Gaimari, 176 NY 84, 94)" and these determinations "should be accorded great weight on appeal and should not be disturbed unless they are clearly unsupported by the record (see, People v. Garafolo, <SM-3> 44 AD2d 86, 88)" (People v. Palladino, 260 AD2d 506). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15[5]).
As the verdict was not against the weight of the evidence, and reversal is required, the matter must be remanded to the court below for a new trial.
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