People v. Jackson
| Decision Date | 17 February 2015 |
| Citation | 2015 N.Y. Slip Op. 01385,125 A.D.3d 485,4 N.Y.S.3d 14 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jason JACKSON, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
125 A.D.3d 485
4 N.Y.S.3d 14
2015 N.Y. Slip Op. 01385
The PEOPLE of the State of New York, Respondent
v.
Jason JACKSON, Defendant–Appellant.
Supreme Court, Appellate Division, First Department, New York.
Feb. 17, 2015.
Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Marc I. Eida of counsel), for respondent.
GONZALEZ, P.J., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ.
Opinion
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered June 15, 2012, convicting defendant, after a jury trial, of auto stripping in the second degree, attempted assault in the second degree, criminal possession of a weapon in the fourth degree, and petit larceny, and sentencing him to an aggregate term of 2 2 /3to 8 years, unanimously reversed, on the law, and the matter remanded for a new trial.
The court erred in denying, without further inquiry, defendant's challenges for cause to three prospective jurors, against whom defendant ultimately exercised peremptory challenges. In response to defense counsel's questioning during jury selection, the panelists at issue expressed, in one form or other, that it would be difficult for them to decide the case if they did not
“hear from” defendant or hear his “side of the story.” The court did not instruct the panel on the People's exclusive burden of proof and a defendant's right not to testify, and it did not elicit from the panelists at issue “some unequivocal assurance” that they would be “able to reach a verdict based entirely upon the court's instructions on the law” (People v. Bludson, 97 N.Y.2d 644, 646, 736 N.Y.S.2d 289, 761 N.E.2d 1016 [2001] ).
A prospective juror's statement to the effect that it is “important to hear both sides” raises the “appear[ance...
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...evidence, along with the elicitation of unequivocal assurances that the panelists would follow that charge" ( People v. Jackson, 125 A.D.3d 485, 486, 4 N.Y.S.3d 14 [1st Dept. 2015] ). The court did not provide such an instruction to the jury.As the Court of Appeals has advised, " ‘the trial......
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