PEOPLE v. PAYNE


49 A.D.3d 1154 (2008)

853 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVORY L. PAYNE, Appellant.

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

Decided March 14, 2008.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, assault in the first degree (Penal Law § 120.10 [1]). We agree with defendant that Supreme Court erred in denying his challenge for cause with respect to a prospective juror and that reversal is required based on that error. We note at the...

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