PEOPLE v. SIMMONS

9326, 5895/13.

172 A.D.3d 528 (2019)

100 N.Y.S.3d 254

2019 NY Slip Op 03891

The People of the State of New York, Respondent, v. Michael Simmons, Appellant.

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

Decided May 16, 2019.


Defendant's claim that the court should have excused a juror for cause based on his allegedly disqualifying statements during voir dire, notwithstanding the absence of any challenge, is not only unpreserved but unreviewable. By statute (CPL 270.20 [2]), an allegedly erroneous failure to excuse a prospective juror for cause is only cognizable when a defendant challenges the panelist for cause, the court denies the challenge, the defendant (who, as here, has peremptory challenges...

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