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Legal Opinion

People v. Nicholas

New York Court of Appeals

Decided October 17, 2002PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Once again we emphasize that prospective jurors who give some indication of bias but do not provide an unequivocal assurance of impartiality must be excused for cause.

During voir dire, the trial court instructed the prospective jurors to raise their hands in response to questions when responding affirmatively. When defense counsel addressed the panel, he asked:

“Does anyone else * * * feel that they would have a tendency to believe a police officer’s account just because he or she is a police officer?
“[Prospec…

2Cases cited3 opinions

  1. People v. ArnoldNew York Court of Appeals · 2001
  2. People v. JohnsonNew York Court of Appeals · 2000
  3. People v. ChambersNew York Court of Appeals · 2002

3Cited by67 opinions

  1. People v. CahillNew York Court of Appeals · 2003
  2. People v. BracewellAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. OdumAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MorriceAppellate Division of the Supreme Court of the State of New York · 2009

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