Fourth Department – Jury selection: People v. Allen

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Jury selection — Challenge for cause — Waiver

People v. Allen

KA 23-00539

Appealed from Oswego County Court

Background: The defendant appealed from his conviction of two counts of sexual abuse and two counts of forcible touching. He argues, among other things, that a new trial was required because after the jury rendered a verdict, a seated juror was discovered to be related to the district attorney within a degree of consanguinity or affinity that would have permitted a challenge for cause.

Ruling: The Appellate Division affirmed. The court held that, although the juror would have been automatically barred from sitting on the jury if a timely challenge for cause had been made, there was no objection to the juror made prior to the verdict. The court noted that the statutory language demonstrates a clear intent to require challenges for cause in criminal cases at the earliest possible time at the risk of waiving one’s right to such challenge for failing to act promptly.

John A. Cirando, of D.J. & A.J. Cirando, for the defendant-appellant; Melissa K. Swartz, of Cambareri & Brenneck, for the respondent.

Oral argument video