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PEOPLE v. FOSTER

100 A.D.2d 200 (1984)

The People of the State of New York, Respondent, v. Jerry Foster, Fred Foster and Gregory Reed, Appellants

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

March 12, 1984

Attorney(s) appearing for the Case

Richards W. Hannah (Joseph A. Doran of counsel), for Fred Foster, appellant.

William E. Hellerstein (Darren O'Connor of counsel), for Gregory Reed, appellant.

Stanley Shapiro for Jerry Foster, appellant.

Elizabeth Holtzman, District Attorney (Michael Gore, Barbara D. Underwood and Peter A. Weinstein of counsel), for respondent.

BRACKEN, BROWN and NIEHOFF, JJ., concur.

LAZER, J. P.

Was the erroneous denial of a challenge for cause preserved for appellate review when the defendant who made the challenge was unable to exercise a peremptory challenge because his codefendants refused to join the exercise with him? Resolution of that question and the impact of the resolution upon each of the three defendants are the primary issues on these appeals.

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