Legal Opinion
People v. Birch
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1995PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Cozier, J.), rendered March 10, 1993, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The trial court erred in refusing to dismiss three prospective jurors for cause when they did not unequivocally state that they would not be influenced by their feelings and would render an impartial verdict (see, People v Blyden, 55 NY2d 73, 76; People v Culhane, 33 NY2d 90). Because defense…
2Cases cited5 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. BlydenNew York Court of Appeals · 1982
- People v. CulhaneNew York Court of Appeals · 1973
- People v. TorpeyNew York Court of Appeals · 1984
- People v. HewittAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- People v. BurdoAppellate Division of the Supreme Court of the State of New York · 1998
- People v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SumpterAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrzezickiAppellate Division of the Supreme Court of the State of New York · 1998
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1997
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