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PEOPLE v. JOHNSON

No. 106

17 N.Y.3d 752 (2011)

952 N.E.2d 1008

929 N.Y.S.2d 16

2011 NY Slip Op 4764

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

Court of Appeals of New York.

Decided June 9, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Allen L. Fallek and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Susan Axelrod and Patrick J. Hynes of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

In this complex case involving multiple attempted murder, kidnaping and other charges, defendant did not dispute his involvement in the criminal transaction but pursued an insanity defense. During voir dire, a prospective juror who had written a college research paper on the insanity defense stated that she would be able to set aside her...

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