Neville v. Appellate Division

How later courts describe this case

• following in-chambers examination of juror by the trial judge the juror was removed for cause
• vacating for reconsideration in light of McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) (vacating death sentence in light of an unconstitutional sentencing scheme that precluded jurors from cónsidering mitigating evidence)
• heinous, atrocious or cruel and previous conviction of a violent felony are two aggravating circumstances most prevalent in death-affirmed cases
• trial court’s sole finding that the prior convictions had “a sufficient connection, supported by facts and circumstances,” inadequate to establish that the conviction evidence was more probative of defendant’s credibility than prejudicial to his defense
• "The trial court's determination that defendant's [prior] convictions ... were admissible was erroneous. Specific facts and circumstances supporting the probative value of this evidence are neither apparent from the record nor recounted by the trial court."
• “The use of evidence as permitted under Rule 404(b