New York Court of Appeals

The People of the State of New York v. Charles Culhane and Gerald McGivern

October 23, 197333 N.Y.2d 90

Summary

The New York Court of Appeals reversed the felony‑murder convictions and death sentences of Culhane and McGivern, ordering a new trial because the trial court improperly refused to excuse four prospective jurors for cause and failed to obtain the statutory expurgatory oath required to purge actual bias. The Court held that the statutory requirements were not satisfied, rendering the jury selection error reversible. A concurrence agreed with the result but warned against the majority’s expansive dicta on juror relationships and publicity.