N.Y. Criminal Procedure Law § 360.25: Trial jury; challenge for cause of an individual juror

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

1. A challenge for cause is an objection to a prospective member of

the jury and may be made only on the ground that:

(a) He does not have the qualifications required by the judiciary law;

or

(b) He has a state of mind that is likely to preclude him from

rendering an impartial verdict based upon the evidence adduced at the

trial; or

(c) He is related within the sixth degree by consanguinity or affinity

to the defendant, or to the person allegedly injured by the crime

charged, or to a prospective witness at the trial, or to counsel for the

people or for the defendant; or that he is or was a party adverse to any

such person in a civil action; or that he has complained against or been

accused by any such person in a criminal action; or that he bears some

other relationship to any such person of such nature that it is likely

to preclude him from rendering an impartial verdict; or

(d) He is to be a witness at the trial; or where a prosecutor's

information was filed at the direction of a grand jury, he was a witness

before the grand jury or at the preliminary hearing; or

(e) He or she served on a trial jury in a prior civil or criminal

action involving the same incident charged; or where a prosecutor's

information was filed at the direction of a grand jury, he or she served

on the grand jury which directed such filing.

2. All issues of fact or questions of law arising on the challenge

must be tried and determined by the court. The provisions of subdivision

two of section 270.20 with respect to challenges are also applicable to

the selection of a trial jury in a local criminal court.