From Casetext: Smarter Legal Research

People v. Cargill

Court of Appeals of the State of New York
Jul 9, 1987
70 N.Y.2d 687 (N.Y. 1987)

Opinion

Decided July 9, 1987

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Vincent Pizzuto, J.

Michelle Fox and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Janet M. Berk of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

CPL 270.35 commands in pertinent part that "[i]f at any time after the trial jury has been sworn and before the rendition of its verdict * * * the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case * * * the court must discharge such juror." In People v Buford ( 69 N.Y.2d 290), we distinguished between the disqualification of prospective and sworn jurors and held that the standard for excusing a sworn juror as "grossly unqualified" within the meaning of CPL 270.35 is "satisfied only `when it becomes obvious that a particular juror possesses a state of mind which would prevent the rendering of an impartial verdict'" (People v Buford, 69 N.Y.2d 290, 298, supra, quoting People v West, 92 A.D.2d 620, 622 [Mahoney, P.J., dissenting], revd on dissenting opn below 62 N.Y.2d 708). In concluding that a sworn juror is "grossly unqualified", the trial court may not speculate as to the likelihood of partiality, but rather, must be convinced, after a probing and tactful inquiry, that the sworn juror will be unable to deliberate fairly and render an impartial verdict (People v Buford, 69 N.Y.2d 290, 299, supra).

In discharging the sworn juror over defendant's objection, the lower courts here did not apply the correct standard as it has been articulated in Buford, and therefore defendant's conviction must be reversed and a new trial ordered.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

People v. Cargill

Court of Appeals of the State of New York
Jul 9, 1987
70 N.Y.2d 687 (N.Y. 1987)
Case details for

People v. Cargill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE CARGILL…

Court:Court of Appeals of the State of New York

Date published: Jul 9, 1987

Citations

70 N.Y.2d 687 (N.Y. 1987)
518 N.Y.S.2d 792
512 N.E.2d 313

Citing Cases

Jameson v. Coughlin

Though the Appellate Division affirmed Cargill's conviction, the Court of Appeals reversed and ordered a new…

People v. Lilly

The grossly unqualified standard was not therein invoked. Nor was the instant situation one in which the…