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PEOPLE v. WHITE

260 A.D.2d 413 (1999)

688 N.Y.S.2d 565

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY WHITE, Appellant.

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

Decided April 5, 1999.

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

The defendant, who exhausted his peremptory challenges, was obliged to exercise two of them on jurors who should have been excused for cause. In one round, Juror No. 7 maintained that she could not understand why an innocent defendant would not want to testify. When asked hypothetically if she would hold it against the defendant if, even though...

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