PEOPLE v. LAVERPOOL

11759. 3610/15.

185 A.D.3d 431 (2020)

127 N.Y.S.3d 29

2020 NY Slip Op 03745

The People of the State of New York, Respondent, v. Desmond Laverpool, Appellant.

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

Decided July 2, 2020.


Defendant's challenge for cause to a prospective juror should have been granted. The challenged panelist stated that he could not be "fully fair" if defendant did not testify and "defend himself," and that it might be difficult for him to acquit a defendant who did not testify, because then "we only get one side." This reflected a state of mind likely to preclude the rendering of an impartial verdict (see CPL 270.20[1][b]), and the court did not elicit an unequivocal...

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