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PEOPLE v. NICHOLAS

98 N.Y.2d 749 (2002)

781 N.E.2d 884

751 N.Y.S.2d 820

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PETE NICHOLAS, Also Known as PETE NICHOLS, Respondent.

Court of Appeals of the State of New York.

Decided October 17, 2002.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney, Rochester (Wendy Evans Lehmann of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Once again we emphasize that prospective jurors who give some indication of bias but do not provide an unequivocal assurance of impartiality must be excused for cause.

During voir dire, the trial court instructed the prospective jurors to raise their hands in response to questions when responding affirmatively. When defense counsel addressed the panel...

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