People v. Jackson
| Decision Date | 09 April 1992 |
| Citation | 182 A.D.2d 919,582 N.Y.S.2d 546 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE of the State of New York, Respondent, v. Maurice L. JACKSON, Appellant. |
Gaspar M. Castillo Jr., Albany, for appellant.
Sol Greenberg, Dist. Atty. (George H. Barber, of counsel), Albany, for respondent.
Before MIKOLL, J.P., and YESAWICH, MERCURE, CREW and CASEY, JJ.
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 17, 1988, upon a verdict convicting defendant of the crime of manslaughter in the first degree.
Contrary to defendant's contention, County Court did not err when it dismissed a sworn juror for cause (see, CPL 270.15[4] prior to the start of the trial. The juror admitted that she felt uncomfortable sitting on the case, as she had donated money to the family of the victim who had worked in the building where she worked. In addition, counsel for the two codefendants being tried with defendant, as well as the prosecution, all challenged this juror for cause. Under these circumstances, and given the juror's specific statement that she wanted to be discharged, it was more appropriate for County Court to disqualify the challenged juror (see, People v. Blyden, 55 N.Y.2d 73, 78, 447 N.Y.S.2d 886, 432 N.E.2d 758; People v. Branch, 46 N.Y.2d 645, 651, 415 N.Y.S.2d 985, 389 N.E.2d 467). Finally, even if, as defendant contends, there is some question as to whether sufficient grounds existed to challenge this juror for cause (see, CPL 270.20[1][b], [c], the Court of Appeals has stated that " 'the worst the court will have done * * * is to have replaced one impartial juror with another impartial juror' " (People v. Blyden, supra, at 78, 447 N.Y.S.2d 886, 432 N.E.2d 758, quoting People v. Culhane, 33 N.Y.2d 90, 108 n. 3, 350 N.Y.S.2d 381, 305 N.E.2d 469).
ORDERED that the judgment is affirmed.
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...is sworn at the trial" ( CPL 270.15 [4 ]; People v. Wlasiuk, 90 A.D.3d 1405, 1409 n. 2, 935 N.Y.S.2d 709 [2011] ; People v. Jackson, 182 A.D.2d 919, 919, 582 N.Y.S.2d 546 [1992], lv denied 80 N.Y.2d 832, 587 N.Y.S.2d 917, 600 N.E.2d 644 [1992] ). To that end, a party may challenge a prospec......
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People v. Jackson
...587 N.Y.S.2d 917 80 N.Y.2d 832, 600 N.E.2d 644 People v. Jackson (Maurice) Court of Appeals of New York June 29, 1992 Titone, J. 182 A.D.2d 919, 582 N.Y.S.2d 546 App.Div. 3, Albany Denied ...