§ 270.20 Trial jury; challenge for cause of an individual juror.\n 1. A challenge for cause is an objection to a prospective juror and\nmay be made only on the ground that:\n (a) He does not have the qualifications required by the judiciary\nlaw; or\n (b) He has a state of mind that is likely to preclude him from\nrendering an impartial verdict based upon the evidence adduced at the\ntrial; or\n (c) He is related within the sixth degree by consanguinity or\naffinity to the defendant, or to the person allegedly injured by the\ncrime charged, or to a prospective witness at the trial, or to counsel\nfor the people or for the defendant; or that he is or was a party\nadverse to any such person in a civil action; or that he has complained\nagainst or been accused by any such person in a criminal action; or that\nhe bears some other relationship to any such person of such nature that\nit is likely to preclude him from rendering an impartial verdict; or\n (d) He was a witness at the preliminary examination or before the\ngrand jury or is to be a witness at the trial; or\n (e) He served on the grand jury which found the indictment in issue\nor served on a trial jury in a prior civil or criminal action involving\nthe same incident charged in such indictment; or\n (f) The crime charged may be punishable by death and the prospective\njuror entertains such conscientious opinions either against or in favor\nof such punishment as to preclude such juror from rendering an impartial\nverdict or from properly exercising the discretion conferred upon such\njuror by law in the determination of a sentence pursuant to section\n400.27.\n 2. All issues of fact or law arising on the challenge must be tried\nand determined by the court. If the challenge is allowed, the court\nmust exclude the person challenged from service. An erroneous ruling by\nthe court allowing a challenge for cause by the people does not\nconstitute reversible error unless the people have exhausted their\nperemptory challenges at the time or exhaust them before the selection\nof the jury is complete. An erroneous ruling by the court denying a\nchallenge for cause by the defendant does not constitute reversible\nerror unless the defendant has exhausted his peremptory challenges at\nthe time or, if he has not, he peremptorily challenges such prospective\njuror and his peremptory challenges are exhausted before the selection\nof the jury is complete.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.