People v. Cherry

OPINION OF THE COURT

Dora L. Irizarry, J.

This case raises the unique issue of what procedural safeguards must be followed to determine questions of potential juror bias and/or impartiality based upon concerns brought to the court’s attention by sitting jurors during various stages of a criminal trial.

The defendant herein is charged with two counts of assault in the first degree (under Penal Law § 120.10 [1], [2]) and one count of criminal possession of a weapon in the third degree (under Penal Law § 265.01 [2]; § 265.02 [1]).

In connection with the first assault count, the indictment charges,…