People v. Guay, 17 N.Y.3d 578 (2011)

A trial court has discretion to dismiss a prospective juror for cause if the record supports a determination that the juror’s hearing impairment would unduly interfere with their ability to serve, especially when no reasonable accommodation is requested or apparent.

Summary

Defendant Dean Guay was convicted of rape and sexual abuse of his seven-year-old daughter. During jury selection, a prospective juror indicated he had difficulty hearing. The trial court dismissed the juror for cause over defense counsel’s objection, citing concerns that the juror’s hearing impairment would prevent him from understanding the testimony of child witnesses, who tend to speak softly. The New York Court of Appeals affirmed the conviction, holding that the trial court did not abuse its discretion in dismissing the juror because the record supported the determination that the hearing impairment would have unduly interfered with the juror’s ability to serve, and no reasonable accommodation was requested.

Facts

Dean Guay sexually abused his seven-year-old daughter, Jane, during a week-long summer camp trip. Guay confessed to police, admitting to crawling into bed with Jane and sexually assaulting her. Prior to trial, during jury selection, a prospective juror (venire member 1405) indicated he had difficulty hearing. The trial court noted the juror had trouble hearing instructions and questions. The prosecutor moved to dismiss the juror for cause, arguing the hearing impairment could cause him to miss critical parts of Jane’s testimony.

Procedural History

The trial court granted the People’s motion to dismiss the hearing-impaired juror for cause. Guay was convicted on all counts. The Appellate Division affirmed the conviction with a modification regarding post-release supervision. The New York Court of Appeals granted leave to appeal and affirmed the Appellate Division’s order.

Issue(s)

Whether the trial court abused its discretion when it dismissed a hearing-impaired prospective juror for cause, or whether the court was obligated to accommodate the juror’s hearing impairment.

Holding

No, because the record supported the trial court’s determination that the juror’s hearing impairment would unduly interfere with his ability to be a trial juror, and no reasonable accommodation was requested or apparent.

Court’s Reasoning

The Court of Appeals acknowledged that jury service is a civil right and a privilege protected by the State Constitution. However, this right must be balanced against the accused’s constitutional rights to a fair trial. Judiciary Law § 510 requires jurors to be able to understand and communicate in English. The court cited People v. Guzman, 76 N.Y.2d 1 (1990), emphasizing that a hearing impairment does not automatically disqualify a person from jury service, and reasonable accommodations should be considered if they allow the juror to fulfill their duties without interfering with the defendant’s rights. However, Guzman also recognizes the trial court’s discretion in determining whether an auditory problem would unduly interfere with a juror’s ability to perform their functions. The Court found that the trial court did not abuse its discretion here because the juror had difficulty hearing, the court observed nonverbal cues indicating a lack of comprehension, and the court was concerned about the juror’s ability to understand a soft-spoken child witness. Significantly, no specific accommodation beyond sitting in the front row was requested by the juror or the defense. The Court stated, “[a]s with most juror qualification questions, [this determination must] be left largely to the discretion of the trial court, which can question and observe the prospective juror…during the voir dire.” The Court also noted, “[i]t is imperative that the privilege and duty of jury service be made available to all eligible individuals—regardless of disability—who are capable of performing this civic function. For this reason, a judge should endeavor to make a reasonable and tactful inquiry of any prospective juror who appears to have a hearing impairment and consider offering to provide an assistive amplification device or some other appropriate accommodation available in our court system.”