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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05971 |
| Area of law | Criminal Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05971 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1208 |
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.
Read how Law Watch works