People v. Small

Tom, J.P., and Webber, J.,

dissent in a memorandum by Web-ber, J., as follows: I respectfully dissent. In my opinion, the trial court properly denied defendant’s challenge for cause to a prospective juror. The totality of the responses by the prospective juror established that she could be fair and impartial.

Defendant was charged with second-degree murder, first-degree manslaughter and second-degree criminal possession of a weapon. It was alleged that defendant quarreled with the deceased during a basketball game at a neighborhood playground, that he left the playground and returned 20 minutes…