PEOPLE v. BUTLER


221 A.D.2d 918 (1995)

635 N.Y.S.2d 385

The People of the State of New York, Respondent, v. Cleo R. Butler, Jr., Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1995


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

During voir dire, a prospective juror stated that, based upon his experience with shoplifters and employee theft in his business, he has found that "when you catch somebody they're always going to deny it at first." He also advised the attorneys and County Court that his business had been robbed and burglarized and that he did not know whether he could "put those incidents aside."...

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