A Brooklyn appeals court has tossed out a 2012 second-degree gang assault conviction and ordered a new trial, ruling that a Queens trial court should have granted the defendant’s challenges to two prospective jurors who expressed doubt about their ability to be objective.
Writing in People v. Garcia, 651/09, a panel of the Appellate Division, Second Department, unanimously agreed that, while there was sufficient evidence to find Luis Garcia guilty, the court gives “great deference” to the jury to see the witnesses, hear the testimony and observe demeanor.
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