Court of Appeals Leave Grants
Leave Granted: Court to Review Jury Selection and Submission of Time-Barred Count
August 2, 2014
In March 2014, the Appellate Division, Second Department, affirmed Mr. Harris’s second-degree burglary and petit larceny conviction.
On August 2, 2014, Judge Rivera granted leave. The first issue is whether the court denied Mr. Harris his right to a fair and impartial jury when it refused to grant defense counsel’s for-cause challenge of a juror who demonstrated an inability to comprehend that a witness could purposefully lie under oath. The second issue is whether defense counsel was ineffective for failing to seek dismissal of the time-barred petit larceny count. This issue is also being considered in People v. Ambers.
Patricia Pazner briefed and argued the case in the Appellate Division. Alexis Ascher will represent Mr. Harris in the Court of Appeals