People v. Scott
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered July 13, 1988, convicting him of attempted aggravated assault upon a police officer and criminal possession of a weapon 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. No questions of fact have been raised or considered.
During the voir dire, a prospective juror informed the trial court that her nephew was an agent of the Federal Bureau of Investigation, and that she had on occasion discussed his work with him. When asked whether her relationship to her nephew might affect her ability to be impartial, this prospective juror replied, "I hope not. I don’t know.” The record is devoid of any indication that this prospective juror subsequently made an express declaration that her relationship to a law enforcement agent would not affect her ability to be impartial. Under these circumstances, and particularly in
In light of this determination, we need not address the appellant’s remaining contentions. Bracken, J. P., Kooper, Miller and Ritter, JJ., concur. [See, — AD2d —, Apr. 29, 1991.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.