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Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05971

People v Gaston

Read the official decision: 2026 NY Slip Op 05971

Holding The court reversed the conviction and ordered a new trial because the trial court improperly dismissed the entire sworn jury panel without first inquiring into the remaining jurors’ ability to be fair and impartial. This action violated the defendant’s constitutional right to a jury selected according to law, and the error was not subject to harmless error analysis.

The court’s words

the court did not first conduct an inquiry of the remaining prospective jurors as to their ability to be fair and impartial

2026 NY Slip Op 05971, at the official text

the court deprived defendant of a jury chosen at random from a fair cross-section of the community

2026 NY Slip Op 05971, at the official text

the Supreme Court's error is not subject to harmless error analysis

2026 NY Slip Op 05971, at the official text
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05971
Area of lawCriminal Procedure
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05971
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1208

Recommended citation

ESQ HQ, New York Law Watch, People v Gaston, 2026 NY Slip Op 05971 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05971/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 14, 2026. Updated October 14, 2026.