PEOPLE v. SMALL

1790, 3606/09.

145 A.D.3d 478 (2016)

2016 NY Slip Op 08293

43 N.Y.S.3d 283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DURVILLE SMALL, Appellant.

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

Decided December 8, 2016.


The trial court's denial of a for-cause challenge by defense counsel was reversible error. The prospective juror's voir dire over two days, when viewed as a whole, demonstrates that her state of mind was likely to preclude her from rendering an impartial verdict. Moreover, her expressions of bias during her voir dire were not replaced by an unequivocal assurance of impartiality, despite further inquiry by the trial court and defense counsel. Accordingly, we remand for a new...

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