Legal Opinion

People v. Herring

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2012Published

1Opinion of the Court

The trial court properly denied the defendant’s challenge for cause to a prospective juror. There was no evidence in the record that the juror had “a state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial” (CPL 270.20 [1] [b]; see People v Callaghan, 220 AD2d 609 [1995]). Further, the record supports the court’s determination that the prospective juror’s ability to communicate in the English language was sufficient (see CPL 270.20 [1] [a]; People v Chohan, 254 AD2d 124 [1998]). Contrary to the defendant’s additional…

2Cases cited6 opinions

  1. People v. BeneventoNew York Court of Appeals · 1998
  2. People v. CabanNew York Court of Appeals · 2005
  3. People v. HayesNew York Court of Appeals · 2011
  4. People v. SawyerAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. CallaghanAppellate Division of the Supreme Court of the State of New York · 1995

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