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People v. Bentz

232 A.D.2d 498 Court N.Y. App. Div. Decision date 1996-10-15 English

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p. 498
The People of the State of New York, Respondent, v Patrick Bentz, Appellant.
[648 NYS2d 642]

—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.

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