People v. Rice, 1
| Decision Date | 29 December 1993 |
| Docket Number | No. 1,1 |
| Citation | 608 N.Y.S.2d 29,199 A.D.2d 1054 |
| Parties | PEOPLE of the State of New York, Respondent, v. Lajuane B. RICE, Appellant. Appeal |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth by W. Benjamin Coffin, Syracuse, for appellant.
William J. Fitzpatrick by Gordon Cuffy, Syracuse, for respondent.
Before PINE, J.P., and BALIO, LAWTON, DOERR and BOEHM, JJ.
During the course of jury selection, defendant used a peremptory challenge to remove a prospective juror after County Court refused to discharge him for cause. Defendant subsequently exhausted his peremptory challenges before the completion of jury selection and the court denied his request for additional peremptory challenges. In response to questions from both the District Attorney and defense counsel, the prospective juror stated that he did not like lawyers; that he did not ; that "it might" make a difference whether defense counsel was paid or whether he was court-assigned; that, if defense counsel were assigned, it "[p]robably makes me more fair, I guess", but if counsel were paid, it "would make me kind of wonder why he was paying you, I guess." It was error to deny a challenge for cause of a potential juror whose state of mind regarding the right to counsel placed his impartiality in serious question. The court's offer to inform the prospective juror that counsel was assigned was not adequate to correct his "dubious impartiality" (People v. Stewart, 185 A.D.2d 677, 586 N.Y.S.2d 174). Because defendant's peremptory challenges were exhausted before the completion of jury selection, defendant's conviction must be reversed and a new trial granted (see, CPL 270.20[2].
In light of our determination, we need not address defendant's remaining contentions.
Judgment unanimously reversed on the law and new trial granted.
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Challenges for cause in New York criminal cases.
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