The Third Department determined the failure to grant defendant's for cause challenge to a juror required reversal:
During the course of jury selection, prospective juror No. 15 expressed concern regarding a potential witness's prior criminal “track record.” After initially indicating that he might be influenced “greatly” by a witness's criminal record, County Court explained to prospective juror No. 15 — and the rest of the panel — that the jury could take into consideration a witness's prior criminal conviction in assessing whether the jury believed the testimony offered by that witness. When asked by County Court whether he could follow the court's instruction on that point, prospective juror No. 15 replied, “Oh, yes, yes.” Upon further inquiry by defense counsel, however, prospective juror No. 15 explained that if he were to learn that defendant [*5]previously had engaged in the same or similar offenses as those charged in the indictment, he “might be swayed” by what he would view “as a continuous track record.” When asked how such knowledge would affect his thinking, prospective juror No. 15 replied, “Negatively.” Defense counsel then inquired, “Negatively towards?,” in response to which prospective juror No. 15 stated, “Guilty.” When defense counsel asked, “Just by virtue of a [prior] record?,” the prospective juror replied, “Yes, of a continuous criminal record, yes.” Other than County Court's general inquiry as to the panel's ability to follow the law as charged by the court, no further questioning of this juror occurred and no unequivocal assurances of impartiality were elicited. People v Cuevas, 2016 NY Slip Op 04468, 3rd Dept 6-9-16
CRIMINAL LAW (FOR CAUSE CHALLENGE TO JUROR SHOULD HAVE BEEN GRANTED)/JURORS (CRIMINAL LAW, FOR CAUSE CHALLENGE TO JUROR SHOULD HAVE BEEN GRANTED)/FOR CAUSE JUROR CHALLENGE (FOR CAUSE CHALLENGE TO JUROR SHOULD HAVE BEEN GRANTED)