People v. Weber

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered January 5, 2010, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Criminal Procedure Law § 270.20 (1) (b) provides that a party *823may challenge a prospective juror for cause if the juror “has a state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence adduced at the trial.” Upon such a challenge for cause, a juror who has…