You are here: / / DENIAL OF DEFENSE COUNSEL’S FOR CAUSE CHALLENGE TO A JUROR WAS NOT...

DENIAL OF DEFENSE COUNSEL’S FOR CAUSE CHALLENGE TO A JUROR WAS NOT AN ABUSE OF DISCRETION, APPELLATE DIVISION REVERSED.

The Court of Appeals, reversing the appellate division, determined the trial court did not abuse its discretion when it denied defense counsel's for cause challenge to a juror. The court's questioning of the juror, which referenced questions just asked of another juror, was sufficient to ensure the juror would render a verdict based on the evidence and the law:

Under the circumstances of this case — including the trial court's direct reference to the questions it had asked of juror No. 123, which called to juror No. 383's attention her previously stated bias — the trial court did not abuse its discretion by denying defendant's for-cause challenge to the prospective juror based on her subsequent unequivocal assurances of impartiality … . Viewing prospective juror No. 383's statements in totality and in context … , her assurances to the court adequately expressed her ability and willingness to adhere to her obligation to acquit defendant if the evidence required her to do so and established that she would render an impartial verdict untainted by any aforementioned bias or sympathy. “[T]he CPL . . . does not require any particular expurgatory oath or 'talismanic' words” to resolve doubt about a potential juror's ability to be fair… and, here, the trial court had the discretion to deny defendant's for-cause challenge to the prospective juror … . People v Warrington, 2016 NY Slip Op 08584, CtApp 12-22-16

CRIMINAL LAW (DENIAL OF DEFENSE COUNSEL'S FOR CAUSE CHALLENGE TO A JUROR WAS NOT AN ABUSE OF DISCRETION, APPELLATE DIVISION REVERSED)/JURORS (CRIMINAL LAW, DENIAL OF DEFENSE COUNSEL'S FOR CAUSE CHALLENGE TO A JUROR WAS NOT AN ABUSE OF DISCRETION, APPELLATE DIVISION REVERSED)/FOR CAUSE CHALLENGE (DENIAL OF DEFENSE COUNSEL'S FOR CAUSE CHALLENGE TO A JUROR WAS NOT AN ABUSE OF DISCRETION, APPELLATE DIVISION REVERSED)

You might also like
THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) EXEMPTED THE GAS PIPELINE COMPANY FROM ANY REVIEW REQUIREMENTS OF THE EMINENT DOMAIN PROCEDURE LAW (EDPL); THE COMPANY WAS FREE TO EXERCISE EMINENT DOMAIN OF THE LAND IN DISPUTE (CT APP).
INFORMATION CHARGING OBSTRUCTING GOVERNMENT ADMINISTRATION DID NOT INCLUDE FACTUAL ALLEGATIONS DESCRIBING THE OFFICIAL FUNCTION WHICH WAS OBSTRUCTED AND WAS THEREFORE JURISDICTIONALLY DEFECTIVE (CT APP).
BY CLICKING ON CONTRACT TERMS ON HER SMART PHONE, PLAINTIFF AGREED TO ARBITRATE HER PERSONAL INJURY CLAIM AGAINST UBER; PLAINTIFF ALLEGED INJURY AFTER AN UBER DRIVER LEFT HER OFF IN TRAFFIC (CT APP).
THE POLICE WERE ALLOWED INTO THE VESTIBULE OF A TWO-FAMILY RESIDENCE BUT WERE NOT GIVEN PERMISSION TO ENTER THE APARTMENT WHERE DEFENDANT WAS SEIZED; DEFENDANT’S SUPPRESSION MOTION SHOULD HAVE BEEN GRANTED (CT APP).
MANUFACTURER’S DUTY TO WARN EXTENDS TO JOINT USE OF ITS PRODUCT AND A PRODUCT MANUFACTURED BY A THIRD PARTY.
THE RECORD SUPPORTED THE SUSPENSION OF PETITIONER BUS DRIVER’S LICENSE FOR CAUSING SERIOUS PHYSICAL INJURY TO A PEDESTRIAN WHILE FAILING TO EXERCISE DUE CARE; APPELLATE DIVISION REVERSED (CT APP).
INSUFFICIENT EVIDENCE OF HOW THE ACCIDENT OCCURRED IN THIS LABOR LAW 240 (1) ACTION, DISCOVERY MAY AID THE INQUIRY, SUMMARY JUDGMENT AWARD WAS PREMATURE (CT APP).
DEFENSE COUNSEL NOT INEFFECTIVE FOR FAILING TO SHOW PSYCHIATRIC EXPERT PHOTOS OF VICTIM’S WOUNDS AND FAILING TO INFORM EXPERT OF THE PEOPLE’S REVENGE THEORY.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

UNDER THE FACTS, THE TRIAL COURT PROPERLY REFUSED TO INSTRUCT THE JURY TO CONSIDER... SKIN COLOR RECOGNIZED AS A VALID BASIS FOR A BATSON CHALLENGE TO THE PEREMPTORY...