People v. Moorer
| Decision Date | 07 July 1980 |
| Citation | 429 N.Y.S.2d 913,77 A.D.2d 575 |
| Parties | The PEOPLE, etc., Respondent, v. Cleven MOORER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Stephen J. Pittari, White Plains (David B. Weisfuse, White Plains, of counsel), for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Richard E. Weill and Gerald D. Reilly, Asst. Dist. Attys., White Plains, of counsel), for respondent.
Before HOPKINS, J. P., and DAMIANI, O'CONNOR and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered July 23, 1979, convicting him of criminal possession of a controlled substance in the fifth degree, criminal possession of a controlled substance in the sixth degree, and escape in the second degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law, and new trial ordered. The facts upon which the judgment is based have been considered and are determined to have been established.
We have examined all of defendant's contentions and find three which entitle him to reversal and a new trial.
In the course of the voir dire examination of prospective jurors, the defendant challenged two for cause. The first, Marcelle Caccioppoli, a high school guidance counselor, stated that she had worked with students who used drugs and she believed the use of cocaine was "inadvisable." The following exchange then occurred:
The second challenged juror was Louis Tripato. Mr. Tripato advised the court that he had been the victim of "a number of crimes" and that, in the preceding 10 years, his home had been burglarized on some 6 occasions. The court thereupon inquired of him as follows:
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...This court has repeatedly issued a similar caution. (See, e.g., People v. Sellers, 73 A.D.2d 697, 423 N.Y.S.2d 222; People v. Moorer, 77 A.D.2d 575, 577, 429 N.Y.S.2d 913.) The same policy has been held applicable to cases involving sworn jurors although, where a challenge is directed at a ......
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Challenges for cause in New York criminal cases.
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