PEOPLE v. O'TOOLE


39 A.D.3d 419 (2007)

835 N.Y.S.2d 97

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD O'TOOLE, Appellant.

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

Decided April 26, 2007.


The court improperly denied defendant's challenge for cause to a prospective juror who stated that 20 years earlier her apartment had been broken into and she was assaulted. When asked whether, as a result of this experience, she would "tend more favorably to determine the credibility of someone who claims that [he was] the victim of a crime," the prospective juror said she could not "be certain until [she heard] the testimony." When further asked, "So, at this point you...

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