PEOPLE v. MORALES


168 A.D.2d 85 (1991)

The People of the State of New York, Respondent, v. Hector Morales, Appellant

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

May 31, 1991


Attorney(s) appearing for the Case

Joseph I. Stone for appellant.

Charles J. Hynes, District Attorney (Jay M. Cohen, Anthea H. Bruffee and Robyn G. Nir of counsel), for respondent.

BROWN, J. P., KUNZEMAN and EIBER, JJ., concur.


BALLETTA, J.

We are called upon in this case to determine whether the failure to administer the oath to the trial jury until the conclusion of the People's case requires a reversal of the defendant's conviction. We now answer that question in the negative and hold that in the absence of prejudice, a delay in swearing in the jury will not warrant reversal. Accordingly, we affirm the judgment of conviction.

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