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DEFENDANT’S FOR CAUSE JUROR CHALLENGE SHOULD HAVE BEEN GRANTED (FOURTH DEPT).

The Fourth Department, reversing defendant’s conviction, determined defendant’s for cause challenge to a juror should have been granted:

… [T]he prospective juror in question himself expressed “doubt [as to his] own ability to be impartial in the case at hand” … when he stated during voir dire that he was “not sure” whether he could be fair and impartial due to his family members’ experience with domestic violence … . The court erred when it did not obtain thereafter any “unequivocal assurance” from the prospective juror that he could render an impartial verdict … . People v Tillmon, 2021 NY Slip Op 04848, Fourth Dept 8-26-21

 

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Question of Fact About Defect In Diving Board Precluded Summary Judgment Based Upon Primary Assumption of Risk
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Failure to Strictly Comply with the Procedure Mandated by the State Environmental Quality Review Act (SEQRA) Required Annulment of the Town’s Negative Declaration Re: the Construction of a Casino and Resort
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