PEOPLE v. RIVERA

7910. 2827/12.

167 A.D.3d 517 (2018)

88 N.Y.S.3d 340

2018 NY Slip Op 08750

The People of the State of New York, Respondent, v. Octavio Rivera, Appellant.

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

Decided December 20, 2018.


As the People concede, the court erred in denying defendant's challenge for cause to a prospective juror who stated that her belief in "hearing both sides of the story" would make it difficult for her to reach a verdict "without hearing from the defendant," and who was repeatedly unable to give an equivocal assurance that she would follow the law as charged by the court.

Defendant's other arguments for reversal have been withdrawn in light of the conceded...

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