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PEOPLE v. McCRAY

57 N.Y.2d 542 (1982)

The People of the State of New York, Respondent, v. Michael McCray, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1982.

Attorney(s) appearing for the Case

Courtenay L. Wiltshire for appellant.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Katherine N. Rose of counsel), for respondent.

Chief Judge COOKE and Judges JASEN and WACHTLER concur with Judge GABRIELLI; Chief Judge COOKE concurs in a concurring memorandum; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge JONES concurs; Judge FUCHSBERG dissents and votes to reverse in another dissenting opinion.

GABRIELLI, J.

CPL 270.25 states that: "A peremptory challenge is an objection to a prospective juror for which no reason need be assigned. Upon any peremptory challenge, the court must exclude the person challenged from service." This right to peremptory challenges has been exercised by prosecutors and defendants in this State pursuant to the same or similar statute for over 100 years (see Walter v People...

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