People v. Viggiani

OPINION OF THE COURT

S. Herman Klarsfeld, J.

The question to be addressed is, to this court’s knowledge, a novel one that has not been ruled upon by any court of record in New York State or in the Federal system. It involves a challenge for cause by the defendant arising during the selection of a jury, which according to many members of the Bar, is the most important part of any criminal trial. (See Jury Selection in a Criminal Case, Fahringer, NYLJ, Dec. 27, 1979, p 1, col 2.)

The defendant is charged with committing the crime of assault in the third degree (Penal Law, § 120.00). During the…