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FOR CAUSE CHALLENGES TO TWO JURORS WHO WERE UNABLE TO UNDERSTAND THE PEOPLE’S BURDEN OF PROOF SHOULD HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing defendant’s conviction and ordering a new trial, determined for cause challenges to three jurors should have been granted:

One of the three prospective jurors demonstrated that he would give more credence to a police officer testifying than to a civilian witness, and the court failed to elicit an unequivocal assurance that the prospective juror could render an impartial verdict based on the evidence … . The other two prospective jurors provided answers that demonstrated an inability to comprehend the People’s burden of proof even after the court provided a straightforward explanation of this principle during voir dire … . People v Wilson, 2021 NY Slip Op 07305, Second Dept 12-22-21

 

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