Opinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The trial court erred in refusing to dismiss one prospective juror for cause when he did not unequivocally state that he would not be influenced by his feelings about the specific facts of the case and that he would render an impartial verdict ( see, People v. Blyden, 55 N.Y.2d 73). Because the defense counsel then exercised a peremptory challenge against this prospective juror and eventually exhausted his allotment of peremptory challenges, the defendant's conviction must be reversed ( see, People v. Birch, 215 A.D.2d 573).
Rosenblatt, J. P., Miller, Copertino and Goldstein, JJ., concur.