§ 360.25 — Trial jury; challenge for cause of an individual juror

New York § 360.25

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title K: Prosecution of Informations In Local Criminal Courts-plea to Sentence
• Part 2: The Principal Proceedings
• Art. 360: Jury Trial

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§ 360.25 Trial jury; challenge for cause of an individual juror.\n 1. A challenge for cause is an objection to a prospective member of\nthe jury and may be made only on the ground that:\n (a) He does not have the qualifications required by the judiciary law;\nor\n (b) He has a state of mind that is likely to preclude him from\nrendering an impartial verdict based upon the evidence adduced at the\ntrial; or\n (c) He is related within the sixth degree by consanguinity or affinity\nto the defendant, or to the person allegedly injured by the crime\ncharged, or to a prospective witness at the trial, or to counsel for the\npeople or for the defendant; or that he is or was a party adverse to any\nsuch person in a civil action; or that he has complained against or been\naccused by any such person in a criminal action; or that he bears some\nother relationship to any such person of such nature that it is likely\nto preclude him from rendering an impartial verdict; or\n (d) He is to be a witness at the trial; or where a prosecutor's\ninformation was filed at the direction of a grand jury, he was a witness\nbefore the grand jury or at the preliminary hearing; or\n (e) He or she served on a trial jury in a prior civil or criminal\naction involving the same incident charged; or where a prosecutor's\ninformation was filed at the direction of a grand jury, he or she served\non the grand jury which directed such filing.\n 2. All issues of fact or questions of law arising on the challenge\nmust be tried and determined by the court. The provisions of subdivision\ntwo of section 270.20 with respect to challenges are also applicable to\nthe selection of a trial jury in a local criminal court.\n