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


Latest version.
  • 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.