People v. Johnson

Ellerin, J. P.

(dissenting). A reading of a cold record cannot reflect the reality of the jury selection dynamic that is the setting within which the Trial Judge makes a determination as to whether a challenge for cause to a potential juror should be granted. When an experienced Trial Judge, who has had the benefit of the facial expressions, body gestures and other indicia of sincerity that no record can capture, makes a determination rejecting the cause challenge it should not be lightly disregarded. In this instance the Judge obviously concluded that while the potential juror’s answers may…