People v. Rodriguez, 71 N.Y.2d 214 (1988)
A juror must be dismissed as grossly unqualified if, during trial, they express racial or other invidious bias against the defendant, unless the court determines, after a probing inquiry, that the juror can render an impartial verdict unaffected by such bias and the juror provides unequivocal assurance of impartiality.
Summary
During deliberations in a criminal trial for drug offenses, a juror informed the court that she was biased against dark-skinned Hispanics due to a recent negative experience. The trial judge, after questioning the juror, urged her to continue deliberating, emphasizing the consequences of a mistrial. The defendant was convicted. The New York Court of Appeals reversed, holding that the juror should have been dismissed as grossly unqualified. The Court emphasized that the juror’s expressed bias, coupled with her inability to provide unequivocal assurance of impartiality, mandated her dismissal under CPL 270.35.
Facts
The defendant was convicted of criminal sale and possession of a controlled substance. During jury deliberations, one juror stated she wished to be excused because, after being selected, she was “bothered, touched, handled by a dark Hispanic man on the subway” and was holding that against the defendant, stating, “At the moment, yes, sir, I am [condemning the whole Hispanic race because a Hispanic touched me on the subway].” Despite the juror’s expressed bias, the trial judge urged her to continue deliberating, emphasizing the potential mistrial.
Procedural History
The defendant was convicted after a jury trial. The Appellate Division affirmed the conviction. The defendant appealed to the New York Court of Appeals, arguing that the trial court erred in denying his motions for a mistrial and to set aside the verdict, based on the juror’s bias. The Court of Appeals reversed the Appellate Division’s order.
Issue(s)
Whether the trial court erred in failing to dismiss a juror who expressed racial bias against the defendant during jury deliberations, thereby violating the defendant’s right to an impartial jury.
Holding
Yes, because when a juror expresses racial or other invidious bias against the defendant during trial, the juror must be dismissed as “grossly unqualified” unless the trial court determines, after a probing inquiry, that the juror can render an impartial verdict and the juror provides unequivocal assurance of impartiality.
Court’s Reasoning
The Court of Appeals reasoned that a criminal defendant has a constitutional right to a fair trial, including the right to an impartial jury. CPL 270.35 mandates the dismissal of a juror who is “grossly unqualified to serve.” The Court distinguished this case from People v. Buford, where the jurors’ concerns were minor and they gave unambiguous assurances of fairness. In this case, the juror explicitly stated her racial bias against Hispanics and did not provide unequivocal assurance that she could set aside this bias. The Court stated, “where, during the course of a trial, the court learns that a juror is racially or otherwise invidiously biased against the defendant due to an incident occurring after voir dire, the juror must be discharged as ‘grossly unqualified’ unless (1) the trial court makes a determination on the record, following a probing and tactful inquiry with the juror, that the juror can render an impartial verdict according to the evidence and that her verdict will not be influenced by such bias; and (2) the trial court’s determination is supported in the record by the juror’s answers to the court’s questions including unequivocal assurance from the juror that he or she will decide the case solely on the evidence and free from any effect of the bias.” The Court also noted that the trial court erred in overemphasizing the consequences of a mistrial to the individual juror. The juror’s statement that she would “try” to deliberate impartially was deemed insufficient to overcome the expressed bias.