People v. Nicholas

98 N.Y.2d 749 (2002) · Court of Appeals of the State of New York · October 17, 2002

Summary

The New York Court of Appeals affirmed the reversal of the defendant’s conviction because the trial court denied challenges for cause to prospective jurors who indicated possible bias in favor of police testimony. The court held that such jurors must be excused unless they provide unequivocal assurances that they can set aside the bias and render an impartial verdict, particularly where the defendant ultimately exhausts peremptory challenges.

Holdings

  1. Prospective jurors who indicate possible bias must be excused for cause unless they provide an unequivocal assurance that they can set aside the bias and render an impartial verdict based on the evidence.
  2. The record was sufficient to identify which prospective jurors were being challenged for bias in favor of police testimony.

Questions Presented

  1. Whether the voir dire record was sufficient to identify the prospective jurors challenged for bias in favor of police testimony.
  2. Whether the trial court committed reversible error by denying challenges for cause to prospective jurors who indicated possible bias but did not provide unequivocal assurances of impartiality after exhausting defendant's peremptory challenges.

Disposition

affirmed

Cases Cited (3)

  • People v. Johnson, 94 N.Y.2d 600, 614 (2000)(followed)
  • People v. Chambers, 97 N.Y.2d 417, 419 (2002)(followed)
  • People v. Arnold, 96 N.Y.2d 358, 362 (2001)(followed)

Cited In (0)

No citing cases on record yet.

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