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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 547 (N.Y. App. Div. 2010)

Opinion

No. 3027.

June 15, 2010.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), rendered March 18, 2009, as amended April 9, 2009, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing her, as a second felony offender, to a term of 2 to 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.

Before: Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.


As the People concede, the court improperly denied defendant's challenge for cause to a prospective juror. The totality of the panelist's responses, culminating in her statement that she was "not sure" if she could use defendant's prior larceny convictions only to judge her credibility and not as propensity evidence, failed to provide an unequivocal assurance of impartiality ( see People v Johnson, 94 NY2d 600, 610-614).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 547 (N.Y. App. Div. 2010)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BETTY JOHNSON…

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

Date published: Jun 15, 2010

Citations

74 A.D.3d 547 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5253
902 N.Y.S.2d 351

Citing Cases

People v. West

In 2010, this court affirmed his conviction. (People v. Johnson (June 14, 2010, A121366) [nonpub. opn.]…