A trial judge in a murder case erroneously rejected a defense challenge for cause to a potential juror whose brother had been murdered and whose sister had been raped by a man who “took her eye out,” a divided Manhattan appeals court has ruled.
A three-judge majority of the Appellate Division, First Department, ordered a new trial for Durville Small because it said Bronx Supreme Court Justice Darcel Clark, who is now the county’s district attorney, incorrectly determined the juror could be fair and impartial, forcing the defense to keep the woman off the jury by using one of its peremptory challenges.
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