PEOPLE v. BOWMAN

Ind. No. 5144/16. Appeal No. 15624. Case No. 2019-5667.

203 A.D.3d 670 (2022)

165 N.Y.S.3d 533

2022 NY Slip Op 02208

The People of the State of New York, Respondent, v. Robert Bowman, Appellant.

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

Decided March 31, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Allison N. Kahl of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Alice Wiseman of counsel), for respondent.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.


During jury selection, the court advised the panel that the trial could last until April 17, 2018. The panelist at issue stated that she "absolutely" could not serve on April 18, because she had irrevocable travel plans for that day. When defense counsel said that "we are starting to get closer to the 16th, 17th," and asked whether she "may not be able to give [her] best attention" if "we started moving in that direction," the panelist said, "Yes." Counsel challenged this...

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