New Trial Ordered Due to Improper Denial of Cause Challenge and One Count Dismissed
During jury selection, a prospective juror stated that his mother-in-law was a victim of sexual assault. When defense counsel asked if any potential jurors believed that this was not the “right case” for them because the sexual assault allegations could make them “too emotional” and might be something they would not be able to “handle,” the same prospective juror raised his hand. Defense counsel’s cause challenge as to this prospective juror was denied by the court.
The Appellate Division reversed the conviction. It found that the prospective juror evinced a state of mind that was likely to preclude him from rendering an impartial verdict based on the evidence. Because the court failed to elicit an unequivocal assurance on the record that the prospective juror could be fair and impartial, and since defense counsel had exhausted his peremptory challenges, a new trial was required.
In addition, the conviction for fourth-degree grand larceny was dismissed because the evidence was legally insufficient to establish that the stolen property had a value in excess of $1,000.
Martin B. Sawyer represented Mr. Faustin
