People v. Johnson

730 N.E.2d 932, 94 N.Y.2d 600, 709 N.Y.S.2d 134
CourtNew York Court of Appeals
DecidedApril 13, 2000
StatusPublished
Cited by243 cases

This text of 730 N.E.2d 932 (People v. Johnson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Johnson, 730 N.E.2d 932, 94 N.Y.2d 600, 709 N.Y.S.2d 134 (N.Y. 2000).

Opinions

OPINION OF THE COURT

Chief Judge Kaye.

Common to these cases is the question whether a challenge for cause may properly be denied when a prospective juror expresses doubt as to impartiality in the case, and there is no unequivocal indication of that person’s ability to set aside any predisposition and fairly appraise the evidence. We conclude that, in these circumstances, a challenge for cause should be granted.

I.

People v Johnson and People v Sharper

Defendants Karim Johnson and Chance Sharper were indicted in connection with a robbery at a Manhattan recording studio. Their defense was based on police incompetence. The relevant record regarding a challenged prospective juror follows in full.

Trial Judge:

“[A] number of witnesses who will be testifying are police officers, they are to be treated the same as any other witness, they are entitled to no greater weight or lesser weight just because they are police officers. Can you treat their testimony the same as any other witness and hold them to the same standard as you would any witness?”
“And [Prospective Juror 7?]”

Prospective Juror 7:

“I have a friend in the Manhattan DA’s office, and I deal with both prisoners and police officers.”
“Speak up a little bit.”

[604]*604Prospective Juror 7:

“I deal with both prisoners and police officers.”
“[Where] do you work?”
“Bellevue Hospital.”
“You’ve had dealings with the District Attorney’s office I guess?”
“I am sorry.”
“Have you had any dealings with the District Attorney’s office?”
“No, just — I have a friend in the District Attorney’s office.”
“Okay.
“Is your friend a prosecutor or — .”
“Prosecutor.”
“In view of any of the contacts you had with anyone related to or working for the criminal justice system, are there any opinions that you have formed or any ideas that you hold that would affect your ability to be fair in a criminal case?”
“I don’t know. I have a lot of trust and respect for police officers.”
“I don’t think anyone quarrels with that attitude, but do you also recognize that police officers are subject to the same problems and failings that we [605]*605all have? In other words, there are some good police officers, bad ones, honest ones, dishonest ones?”
“I guess.”
“Could you evaluate the testimony of police officers fairly?”
“I don’t know, but I would guess so, but I am not positive.”

Defense Counsel:

“[Prospective Juror 4], you said and of course we will get into what you would like to say in private, but as you know of course police officers will be testifying, if the Judge states that you are to give the same credence to police officers one way or the other as any other witness, they are not considered more or less credible, do you think you can abide by that instruction?”

Prospective Juror 4:

“Sure.”
“[Prospective Juror 2], do you think you can abide by that instruction if the Judge told you that police officers were no more or no less credible than anybody else?”

Prospective Juror 2:

“I would try. Once again, I will probably give them the benefit of the doubt.”
“Does — anybody else in the jury who would tend to favor the police testimony more than say a civilian’s testimony? Anybody else?”
“I would.”
[606]*606“You would?”
“Yes.”

Defendants challenged Prospective Juror 7 for cause, arguing that he — like Venireperson 2, who had already been excused — favored police testimony. After the court denied the challenge for cause, defendants exercised a peremptory challenge against him. They exhausted all of their peremptory challenges before the jury was sworn, and were ultimately convicted of six counts of robbery in the first degree and two counts of attempted robbery in the first degree.

The Appellate Division reversed defendants’ convictions and ordered a new trial, holding that the trial court abused its discretion when it denied defendants’ challenge for cause where the prospective juror expressed “a heavy bias in favor of police testimony over layperson testimony” (People v Johnson, 255 AD2d 136). The court explained that the case “law is clear that a prospective juror who expresses partiality towards the prosecution and cannot unequivocally promise to set aside this bias should be removed for cause. * * * The juror’s responses fell short of this standard” (People v Sharper, 255 AD2d 139, 140-141). We affirm.

People v Reyes

Defendant Rogelio Reyes was indicted for selling heroin. During voir dire, the prosecutor questioned the venirepersons about drug sales in their neighborhoods. Again, the relevant record regarding two challenged prospective jurors follows in full.

Prospective Juror 13:

“I have a ten year old son. He plays in various parks, Washington Square Park.
“He [is] always accompanied by an adult in Washington and Tompkins Square Park there is a lot of drugs, it’s there, activity there. Those are the neighborhood parks, we have to let him go there. It’s very upsetting and with the resurgence of heroin, I see more and more people just collapsing on the street.
“How do you explain that to your ten year old? What’s wrong with the person? It’s obvious to me what it is. I know what it looks like.”

[607]*607Prosecutor:

“[T]his person’s experience as a parent in New York State with this activity going on would affect your ability to be fair and impartial in this case where the defendant is charged with selling?”
“Possibly. I have different opinions about drugs, but heroin I think is one of the most dangerous drugs.”
“As you’ve heard, my client was arrested for selling drugs, and as we have discussed, drugs are sold in every neighborhood now and affects our lives detrimentally. It’s difficult living in a neighborhood where you walk outside and people sell drugs.
“We have children and it’s disturbing they are sold so openly. People can be aggressive and abrasive who sell drugs.
“Ma’am, I believe you talked with the assistant about the fact you have a child. It’s very disturbing?”
“It is.”
“The fact my client has been arrested for selling drugs, as you mentioned, it’s for selling heroin.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Heverly
2024 NY Slip Op 00524 (Appellate Division of the Supreme Court of New York, 2024)
People v. Santiago
193 N.Y.S.3d 534 (Appellate Division of the Supreme Court of New York, 2023)
People v. Smith
2023 NY Slip Op 03647 (Appellate Division of the Supreme Court of New York, 2023)
People v. Vega (Angelita)
77 Misc. 3d 136(A) (Appellate Terms of the Supreme Court of New York, 2022)
People v. Rosa
171 N.Y.S.3d 227 (Appellate Division of the Supreme Court of New York, 2022)
People v. Oleary (Ian)
74 Misc. 3d 136(A) (Appellate Terms of the Supreme Court of New York, 2022)
People v. Thomas
2021 NY Slip Op 06711 (Appellate Division of the Supreme Court of New York, 2021)
People v. Kluge
2020 NY Slip Op 878 (Appellate Division of the Supreme Court of New York, 2020)
People v. Brith
2018 NY Slip Op 7250 (Appellate Division of the Supreme Court of New York, 2018)
Matter of State of New York v. James R.C.
2018 NY Slip Op 6655 (Appellate Division of the Supreme Court of New York, 2018)
People v. Francois
2017 NY Slip Op 8844 (Appellate Division of the Supreme Court of New York, 2017)
People v. Southall
2017 NY Slip Op 8344 (Appellate Division of the Supreme Court of New York, 2017)
The People v. Phillip Wright
New York Court of Appeals, 2017
People v. Miller
2017 NY Slip Op 6808 (Appellate Division of the Supreme Court of New York, 2017)
Matter of State of New York v. Keith G.
2017 NY Slip Op 5444 (Appellate Division of the Supreme Court of New York, 2017)
People v. Hutthinson
2017 NY Slip Op 3774 (Appellate Division of the Supreme Court of New York, 2017)
The People v. Kevin Fisher
71 N.E.3d 932 (New York Court of Appeals, 2017)
People v. Khan
2017 NY Slip Op 189 (Appellate Division of the Supreme Court of New York, 2017)
GRIFFIN, SHEARARD G., PEOPLE v
Appellate Division of the Supreme Court of New York, 2016
People v. Small
2016 NY Slip Op 8293 (Appellate Division of the Supreme Court of New York, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
730 N.E.2d 932, 94 N.Y.2d 600, 709 N.Y.S.2d 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-ny-2000.