PEOPLE v. MOLINARI


252 A.D.2d 532 (1998)

678 N.Y.S.2d 106

The People of the State of New York, Respondent, v. Kenneth Molinari, Appellant

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

July 13, 1998


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

We agree with the defendant that the trial court erred in refusing to dismiss prospective juror No. 9 for cause. The juror indicated that he believed that an individual accused of a crime was probably guilty. Where there is evidence that a prospective juror's state of mind is likely to preclude him or her from rendering an impartial verdict (see, CPL 270.20 [1] [b]), the juror must...

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