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PEOPLE, res, v. KENNETH HICKMAN, def-ap

4647. PEOPLE, res, v. KENNETH HICKMAN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for res — Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered January 13, 2011, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of three years' probation, unanimously reversed, on the law, and the matter remanded for a new trial.

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4647. PEOPLE, res, v. KENNETH HICKMAN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for res — Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered January 13, 2011, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of three years’ probation, unanimously reversed, on the law, and the matter remanded for a new trial.

The court erred in denying defendant’s challenge for cause to a prospective juror who twice answered that she was “not sure” when asked whether she could be impartial in light of her recent experience as a crime victim. The court was obligated to excuse the panelist in the absence of an unequivocal statement that she could be fair and impartial (see People v. Chambers, 97 NY2d 417, 419 [2002]; People v. Blyden, 55 NY2d 73, 78 [1982]). The record fails to support the People’s assertion that the panelist’s expressions of uncertainty did not cast doubt on her ability to render an impartial verdict.

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