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PEOPLE v. THOMAS

2017-09878. Ind. No. 268/15.

200 A.D.3d 723 (2021)

154 N.Y.S.3d 866

2021 NY Slip Op 06711

The People of the State of New York, Respondent, v. Wayne Thomas, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Cynthia Colt of counsel), for appellant, and appellant pro se.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart , Alexander Fumelli , and Timothy Pezzoli of counsel), for respondent.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant correctly contends that the Supreme Court erred in denying his challenge for cause to a prospective juror. A prospective juror may be challenged for cause if the juror "has a state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20[1][b]). Where a prospective juror reveals knowledge...

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