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People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 417 (N.Y. App. Div. 1997)

Opinion

November 10, 1997

Appeal from the Supreme Court, Queens County (Sampson, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

During the voir dire, one of the prospective jurors gave equivocal responses regarding evidence and the burden of proof The court simply allowed the subject to drop. Shortly thereafter, when the defendant challenged the prospective juror for cause, the court summarily, and improperly, rejected the challenge. The prosecutor contends that because the defense attorney did not seek clarification from the prospective juror, the challenge for cause was appropriately rejected by the court. We disagree.

When prospective jurors are questioned as to their fitness to serve, it is the court's duty to assure that jurors are not approved when challenged for cause in the face of equivocal responses that are left lingering ( see generally, People v. Birch, 215 A.D.2d 573; People v. Bracetty, 216 A.D.2d 479; People v Sumpter, 237 A.D.2d 389). Accordingly, reversal is warranted.

Rosenblatt, J.P., Ritter, Krausman and Florio, JJ., concur.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 417 (N.Y. App. Div. 1997)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CRUZ, Appellant

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

Date published: Nov 10, 1997

Citations

244 A.D.2d 417 (N.Y. App. Div. 1997)
664 N.Y.S.2d 71

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