PEOPLE v. BRITH

7523. 3035/14.

165 A.D.3d 592 (2018)

84 N.Y.S.3d 778

2018 NY Slip Op 07250

The People of the State of New York, Respondent, v. Jerome Brith, Appellant.

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

Decided October 30, 2018.


The court improvidently exercised its discretion in denying defendant's challenge for cause to a prospective juror who repeatedly expressed a predisposition to credit police testimony, and a belief that innocent defendants would testify on their own behalf, since the totality of his responses established that he would be unable to put aside his inclinations and be fair and impartial (see People v Arnold, 96 N.Y.2d 358, 362 [2001...

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