People v. White
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. JohnsonNew York Court of Appeals · 2000
- People v. TorpeyNew York Court of Appeals · 1984
- People v. SharperAppellate Division of the Supreme Court of the State of New York · 1998
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by7 opinions
- People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2001
- People v. PapineauAppellate Division of the Supreme Court of the State of New York · 2005
- People v. EscotoAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BludsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ChambersAppellate Division of the Supreme Court of the State of New York · 2001
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