Court of Appeals of New York

The Appellate Division's affirmance of defendant's highly publicized second degree murder conviction of his wife on retrial, is reversed and a new trial ordered where: 1) the trial court committed reversible error in denying defendant's for-cause challenge to a prospective juror who had a preexisting opinion concerning defendant's guilt or innocence that case serious doubt on her ability to render an impartial verdict; and 2) the trial court erred in failing to grant defendant's request for a limiting instruction to the jury not to consider evidence of the wife's hearsay statements for their truth.

Appellate Information

• Decided 10/18/2012
• Published 10/18/2012

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel