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PEOPLE v. BLUDSON

97 N.Y.2d 644 (2001)

761 N.E.2d 1016

736 N.Y.S.2d 289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL BLUDSON, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 2001.

Attorney(s) appearing for the Case

Hiscock Legal Aid Society, Syracuse (Shirley K. Duffy of counsel), for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (James P. Maxwell and Victoria M. Anthony of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Criminal Procedure Law § 270.20 (1) (b) provides that a party may challenge a prospective juror for cause if the juror "has a state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence at the trial." Upon such a challenge "a juror who has revealed doubt, because of prior knowledge...

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