PEOPLE v. PATTERSON (2018)

Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered November 9, 2015, convicting defendant, after a jury trial, of burglary in the second degree, robbery in the second degree (two counts) and criminal impersonation in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.

The court erred in denying defense counsel's for-cause challenges to two prospective jurors whose statements during voir dire suggested that they were predisposed to believe that an indictment is an indication of guilt (see People v. Barber, 269 A.D.2d 758, 760, 703 N.Y.S.2d 328 [4th Dept. 2000];  People v. Brown, 111 A.D.2d 248, 249, 489 N.Y.S.2d 92 [2d Dept. 1985] ).  While this possibility of bias might well have been dispelled if the court had sought to elicit unequivocal assurances of impartiality from the prospective jurors (see e. g. People v. Knight, 29 A.D.3d 306, 813 N.Y.S.2d 431 [1st Dept. 2006], lv denied 7 N.Y.3d 813, 822 N.Y.S.2d 488, 855 N.E.2d 804 [2006] ), the court did not do so.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  Because we are ordering a new trial, we do not reach defendant's remaining contention.