Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered on all counts of the indictment.
Initially, we note that the trial court did not comply with CPL 270.15 (subd 2), which mandates that "prospective jurors who are not excluded from service must retain their place in the jury box and must be immediately sworn as trial jurors". Over defense counsel's objection, the last three jurors and two alternates were not...
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