PEOPLE v. TATE

Ind. No. 2931/18. Appeal No. 16281. Case No. 2020-00324.

208 A.D.3d 1111 (2022)

175 N.Y.S.3d 28

2022 NY Slip Op 05286

The People of the State of New York, Respondent, v. Phyllis Tate, Appellant.

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

Decided September 27, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Ben A. Schatz of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Andrew E. Seewald of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.


Defendant's challenge for cause to a prospective juror should have been granted. The challenged panelist, who had many connections to law enforcement, stated "I'm definitely bias[ed] toward law enforcement, toward police officers. I know a lot of cops. If you ask me a plain question, I'll say yes." This was clearly an acknowledgment of a state of mind likely to preclude the rendering of an impartial verdict (see CPL 270.20[1][b]). However, the court did not elicit...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases