An upstate appeals court ordered a new trial for a defendant who was serving a 46-year-to-life sentence for sexual assault because the trial judge failed to inquire further when seven potential jurors raised doubts about their impartiality during voir dire.
Sullivan County Court Judge Michael McGuire (See Profile) denied the defense’s requests to dismiss the jurors for cause. Because the defendant, Noel Russell, exhausted his peremptory challenges in preventing the jurors from being seated, he was denied a fair trial, a 4-0 Appellate Division, Third Department, panel ruled April 3 in People v. Russell, 105083. “When a juror’s impartiality is in doubt, it is the court’s obligation to make further inquiries and to excuse the juror if the doubt is not fully dispelled,” Justice Elizabeth Garry (See Profile) wrote for the panel.
