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PEOPLE v. CRUZ

244 A.D.2d 417 (1997)

664 N.Y.S.2d 71

The People of the State of New York, Respondent, v. David Cruz, Appellant

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

November 10, 1997

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

During the voir dire, one of the prospective jurors gave equivocal responses regarding evidence and the burden of proof. The court simply allowed the subject to drop. Shortly thereafter, when the defendant challenged the prospective juror for cause, the court summarily, and improperly, rejected the challenge. The prosecutor contends that because...

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