99 N.Y.2d 445 (2003)
Prospective jurors who indicate potential bias but do not provide an unequivocal assurance of impartiality must be excused for cause.
Summary
The Court of Appeals affirmed the Appellate Division’s reversal of the defendant’s conviction, holding that the trial court erred by not excusing prospective jurors for cause who indicated a potential bias in favor of police officer testimony without providing unequivocal assurances of impartiality. The defense challenged these jurors for cause, but the challenges were denied, forcing the defense to use peremptory challenges. Because the defense exhausted its peremptory challenges, the error was reversible.
Facts
During voir dire, prospective jurors indicated, through raised hands and affirmative nods, that they might be inclined to believe a police officer’s account simply because of their position. Defense counsel specifically asked if anyone felt they would have a tendency to believe a police officer’s account, and several jurors responded affirmatively. The defense later clarified whether those jurors would be “leaning towards accepting a police officer just because of the title or the uniform,” to which the jurors nodded affirmatively.
Procedural History
The defendant was convicted at trial. The Appellate Division reversed the conviction, finding that the trial court erred in denying the defense’s challenges for cause. The People appealed to the Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order, reversing the conviction.
Issue(s)
Whether the trial court erred in denying the defendant’s challenges for cause against prospective jurors who indicated a potential bias in favor of police testimony but did not provide unequivocal assurances of impartiality.
Holding
Yes, because potential jurors who express possible bias must be excused unless they provide “unequivocal assurance that they can set aside any bias and render an impartial verdict based on the evidence.”
Court’s Reasoning
The Court of Appeals emphasized the importance of ensuring an impartial jury. CPL 270.20 (1) (b) allows a prospective juror to be challenged for cause if they evince “a state of mind that is likely to preclude him [or her] from rendering an impartial verdict based upon the evidence adduced at the trial.” The Court relied on precedent, stating that potential jurors who express possible bias must be excused unless they provide “unequivocal assurance that they can set aside any bias and render an impartial verdict based on the evidence.” The Court noted that although the record could have been more definitive, the jurors’ demonstrative responses sufficiently indicated possible bias. The trial court should have obtained unequivocal assurances of impartiality but failed to do so. Because the defense exhausted its peremptory challenges after the trial court denied the challenges for cause, the error was reversible. The court referenced CPL 270.20 [2] to reinforce the ruling on reversible error.