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PEOPLE v. LEVY

194 A.D.2d 319 (1993)

598 N.Y.S.2d 231

The People of the State of New York, Appellant, v. Owen Levy, Respondent

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

June 3, 1993

The facts are fairly set forth in Justice Rubin's dissenting opinion. The court erred in granting defendant's CPL 330.30 motion since deviation from the statutory order of juror selection (CPL 270.15 [2]) is not per se reversible error without a showing of prejudice (People v West, 38 A.D.2d 548, affd 32 N.Y.2d 944, overruled in part on other grounds People v Harris,

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