People v. Stewart

Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in denying defendant’s challenge of a prospective juror for cause. Defendant used one of his peremptory challenges to excuse the prospective juror and thereafter exhausted his peremptory challenges. When questioned by defense counsel, the prospective juror admitted that it would be difficult for him to set aside information he had received from news accounts of the crime. Although the prospective juror stated that this would make it difficult for him to be impartial, County Court considered that to…