PEOPLE v. WILLIAMS


26 N.Y.2d 62 (1970)

The People of the State of New York, Respondent, v. Harold Williams, Appellant.

Court of Appeals of the State of New York.

Decided January 14, 1970.


Attorney(s) appearing for the Case

Thomas D. Edwards for appellant.

Burton B. Roberts, District Attorney (Daniel J. Sullivan and Robert Cantor of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.


BERGAN, J.

In the selection of the jury, after both the People and defendant had exercised their peremptory challenges, the People were allowed over objection to exercise a peremptory challenge to a previously unchallenged juror and the juror thus challenged was excused by the court.

Section 385 of the Code of Criminal Procedure states expressly that a challenge to an individual juror "must be taken first...

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