PEOPLE v. JOHNSON

3027, 4609/08.

74 A.D.3d 547 (2010)

902 N.Y.S.2d 351

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BETTY JOHNSON, Appellant.

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

Decided June 15, 2010.


As the People concede, the court improperly denied defendant's challenge for cause to a prospective juror. The totality of the panelist's responses, culminating in her statement that she was "not sure" if she could use defendant's prior larceny convictions only to judge her credibility and not as propensity evidence, failed to provide an unequivocal assurance of impartiality (see People v Johnson, 94 N.Y.2d 600, 610...

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