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FOR CAUSE CHALLENGE TO A PROSPECTIVE JUROR WAS HANDLED PROPERLY, THERE WAS NO NEED FOR FURTHER INQUIRY OF THE JUROR TO OBTAIN AN UNEQUIVOCAL ASSURANCE THE JUROR COULD BE FAIR (CT APP).

The Court of Appeals, in a brief memorandum, over a three-judge partial dissent, determined the trial court properly handled a for cause challenge to a prospective juror:

The trial court did not abuse its discretion in denying defendant’s challenge for cause to a prospective juror pursuant to CPL 270 (1) (b). When defense counsel directly asked the prospective juror, “if you don’t hear from [defendant], you don’t hear him speak, are you going to hold that against him,” she responded, “I don’t believe that I would.” This response directly refuted any notion that the prospective juror would “hold” defendant’s failure to testify “against him,” i.e., that she would be biased in rendering a decision. Viewing this statement “in totality and in context” … , the exchange did not, in the first instance, demonstrate “preexisting opinions that might indicate bias” … . Thus, the trial court was not required to inquire further “to obtain unequivocal assurance that [the juror] could be fair and impartial” … . People v Patterson, 2019 NY Slip Op 08982, CtApp 12-17-19

 

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