PEOPLE v. ROBERTS


215 A.D.2d 148 (1995)

626 N.Y.S.2d 757

The People of the State of New York, Respondent, v. Andy Roberts, Appellant

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

May 4, 1995


Defendant argues correctly that the trial court's refusal to permit his attorney to withdraw the peremptory challenge to juror number four, whom the prosecution did not challenge, violated his right to a jury of his choosing and was not harmless error (see, People v McQuade, 110 N.Y. 284, 294), although defendant's similar claim as to juror number seven was waived when defendant rejected the prosecution's compromise offer as to that juror (People v Hayes...

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