PEOPLE v. CRUZ


46 A.D.3d 313 (2007)

847 N.Y.S.2d 188

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS CRUZ, Appellant.

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

Decided December 13, 2007.


During jury selection, a prospective juror revealed that, due to a hearing impairment, he had been having some difficulty hearing everything that the court had been saying. When defendant challenged this panelist for cause, the court conducted a careful inquiry, in which it ascertained that the juror, who used a hearing aid, had generally heard the voir dire proceedings. After defendant declined the court's offer of an opportunity to question the panelist further, the court...

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