Court of Appeals - Juror impartiality: People v. Bailey

Daily Record Staff//July 27, 2018//

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New York State Court of Appeals

Juror impartiality

Preservation of issues – Testimony of gang activity

People v. Bailey

No. 71

Judge Rivera

Background: The defendant appealed from his conviction of assault alleging that the court erred in failing to inquire as to a juror’s impartiality and fairness and by permitting extensive prejudicial testimony about gang customs and practices.

Ruling: The Court of Appeals affirmed. The court held that just because defense counsel referred to the juror in question as “grossly unqualified,” the Buford claim was preserved. The court noted that defense counsel argued that the juror tainted the jury for the purpose of a mistrial, not as a request for further inquiry into alleged partiality. The Court of Appeals further held that testimony about gang customs and practices was probative of defendant’s motive and intent to join the assault on complainant.

Margaret E. Knight for the appellant; Rebecca Hausner for the respondent.