Legal Opinion

People v. White

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

Decided September 29, 2000PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from a judgment convicting him of sodomy in the first degree (Penal Law § 130.50 [2]), defendant contends *914that County Court erred in denying his challenge for cause to a prospective juror. We agree. Where, as here, a defendant’s peremptory challenges are exhausted before jury selection is complete, an erroneous denial of a challenge for cause constitutes reversible error (see, CPL 270.20 [2]; People v Sharper, 255 AD2d 139, 140, affd 94 NY2d 600). A challenge for cause should be granted when a prospective…

2Cases cited5 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. JohnsonNew York Court of Appeals · 2000
  3. People v. TorpeyNew York Court of Appeals · 1984
  4. People v. SharperAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by7 opinions

  1. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. PapineauAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. EscotoAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. BludsonAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. ChambersAppellate Division of the Supreme Court of the State of New York · 2001

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