PEOPLE v. FROMEN


284 A.D. 576 (1954)

The People of the State of New York, Respondent, v. Arthur J. Fromen, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1954.


Attorney(s) appearing for the Case

John F. Dwyer, District Attorney (Merrill G. Windelburg, of counsel), for respondent.

William B. Mahoney and John B. Corcoran, for appellant.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER, and WHEELER, JJ.


KIMBALL, J.

Upon an examination of the record, we are satisfied that it was error for the court to require the defendant, by order, to exercise his last peremptory challenge when there were eleven unsworn jurors in the box or thereafter be precluded from taking a peremptory challenge to any one of those eleven. Such error was a deprivation of a substantial right and requires a reversal. (People v. McQuade<...

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