PEOPLE v. SMITH


265 A.D.2d 583 (1999)

697 N.Y.S.2d 652

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY SMITH, Appellant.

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

Decided October 25, 1999.


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

The trial court erred in denying the defendant's challenge for cause to two prospective jurors. 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 is required to state in unequivocal terms that he or she would be able to render a verdict based solely on the evidence...

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