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PEOPLE v. MANCUSO

22 N.Y.2d 679 (1968)

The People of the State of New York, Respondent, v. Alfred Richard Mancuso, Appellant. The People of the State of New York, Respondent, v. Benny Morganti, Also Known as Morgan and as Ben Hogan, Appellant. The People of the State of New York, Respondent, v. Thomas Edward Taylor, Appellant.

Court of Appeals of the State of New York.

Decided May 16, 1968.

Attorney(s) appearing for the Case

Bernard E. Gegan for Alfred Richard Mancuso and Benny Morganti, appellants.

Dorando J. Ceralli for Thomas Edward Taylor, appellant.

John C. Little, Jr., District Attorney (Nicholas P. Varlan of counsel), for respondent.

Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur in memorandum; Chief Judge FULD and Judge BURKE dissent in part and vote to reverse and order a new trial in a separate memorandum.

MEMORANDUM.

While it was error for the People to be allowed to peremptorily challenge a prospective juror after they had already indicated their satisfaction with the jury as thus impaneled and after the defendants had exercised their peremptories to the box (see People v. McQuade, 110 N.Y. 284; People v. Grieco, 266 N.Y. 48; Code Crim. Pro., § 385), defendants' failure to object to such challenge when...

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