People v. Bentz, 232 A.D.2d 498

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered October 12, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The trial court erred in refusing to dismiss a prospective juror for cause when that juror did not unequivocally state that he would not be influenced by his feelings and would render an impartial verdict (see, People v Blyden, 55 NY2d 73, 78). Because the defense counsel then exercised a peremptory challenge against that prospective juror, and eventually exhausted his allotment of peremptory challenges, the defendant’s conviction must be reversed (see, People v Torpey, 63 NY2d 361; People v Hewitt, 189 AD2d 781). O’Brien, J. P., Copertino, Santucci and Luciano, JJ., concur.

Case Details

Case Name: People v. Bentz

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Oct 15, 1996

Citations: 232 A.D.2d 498; 648 N.Y.S.2d 642; 1996 N.Y. App. Div. LEXIS 10132

Court Abbreviation: N.Y. App. Div.