People v. Herring
Opinion of the Court
The trial court properly denied the defendant’s challenge for cause to a prospective juror. There was no evidence in the record that the juror had “a state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial” (CPL 270.20 [1] [b]; see People v Callaghan, 220 AD2d 609 [1995]). Further, the record supports the court’s determination that the prospective juror’s ability to communicate in the English language was sufficient (see CPL 270.20 [1] [a]; People v Chohan, 254 AD2d 124 [1998]). Contrary to the defendant’s additional contention, defense counsel’s decision not to exercise a peremptory challenge against that prospective juror after the court denied his challenge for cause did not constitute ineffective assistance of counsel (see People v Caban, 5 NY3d 143 [2005]; People v Benevento, 91 NY2d 708 [1998]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.