AD1 order dated September 29, 2015, affirming judgment of conviction. Decision below: 131 A.D.3d 882, 16 NYS3d 548. Fahey, J., granted leave January 26, 2016.

ISSUE PRESENTED: In this sexual assault prosecution, whether trial counsel was ineffective in failing to challenge a juror who was the victim of sexual violence and acknowledged that she would find it difficult to serve. Counsel’s voir dire comments made it clear that both he and the court were confused about the juror’s reasons for seeking to be excused from the jury. (Assigned counsel: Abigail Everett & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)