Trial jury; challenge for cause of an individual juror

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

1. A challenge for cause is an objection to a prospective juror 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 was a witness at the preliminary examination or before the
grand jury or is to be a witness at the trial; or

(e) He served on the grand jury which found the indictment in issue
or served on a trial jury in a prior civil or criminal action involving
the same incident charged in such indictment; or

(f) The crime charged may be punishable by death and the prospective
juror entertains such conscientious opinions either against or in favor
of such punishment as to preclude such juror from rendering an impartial
verdict or from properly exercising the discretion conferred upon such
juror by law in the determination of a sentence pursuant to section
400.27.

2. All issues of fact or law arising on the challenge must be tried
and determined by the court. If the challenge is allowed, the court
must exclude the person challenged from service. An erroneous ruling by
the court allowing a challenge for cause by the people does not
constitute reversible error unless the people have exhausted their
peremptory challenges at the time or exhaust them before the selection
of the jury is complete. An erroneous ruling by the court denying a
challenge for cause by the defendant does not constitute reversible
error unless the defendant has exhausted his peremptory challenges at
the time or, if he has not, he peremptorily challenges such prospective
juror and his peremptory challenges are exhausted before the selection
of the jury is complete.