PEOPLE v. BRANCH


59 A.D.2d 459 (1977)

The People of the State of New York, Respondent, v. Vernon Branch and Vraden Branch, Appellants

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

December 8, 1977


Attorney(s) appearing for the Case

E. Stewart Jones, Jr., for Vernon Branch, appellant.

Donald J. Shanley for Vraden Branch, appellant.

Pierce H. Russell, District Attorney (Charles J. Wilcox of counsel), for respondents.

SWEENEY, J. P., KANE, MAIN and MIKOLL, JJ., concur.


MAHONEY, J.

Although defendants have alleged numerous grounds for reversal, we shall confine our review to a threshold issue we feel to be dispositive of this appeal. We decide no other issue.

After defendants had exhausted all their peremptory challenges and a motion to increase the number of peremptories had been denied, one James Scott was called from the...

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