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People v. Matthews

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 849 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Onondaga County Court, Cunningham, J.

Present — Denman, P.J., Green, Lawton, Fallon and Boehm, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in denying defendant's challenge of a prospective juror for cause. Defendant used one of his peremptory challenges to excuse the prospective juror and thereafter exhausted his peremptory challenges. When questioned by defense counsel, the prospective juror stated that she was unsure that she could render an impartial verdict in a prosecution of drug-related offenses. In the absence of a showing that the juror could set aside her bias and render a verdict based solely on the evidence, the denial of the challenge for cause was error, and defendant's conviction must be reversed (see, CPL 270.20; see also, People v Stewart, 185 A.D.2d 677).

In light of our reversal, we need not address defendant's remaining contentions.


Summaries of

People v. Matthews

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 849 (N.Y. App. Div. 1993)
Case details for

People v. Matthews

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT MATTHEWS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1993

Citations

198 A.D.2d 849 (N.Y. App. Div. 1993)
605 N.Y.S.2d 980

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