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PEOPLE v. ALSTON

88 N.Y.2d 519 (1996)

670 N.E.2d 426

647 N.Y.S.2d 142

The People of the State of New York, Respondent, v. Guy Alston, Appellant. The People of the State of New York, Respondent, v. Rodney Morris, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Frank J. Loss, New York City, and Daniel L. Greenberg for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Ilisa T. Fleischer and Norman Barclay of counsel), for respondent in the first above-entitled action.

Jeffrey I. Richman, New York City, and Daniel L. Greenberg for appellant in the second above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (John J. Orlando and Steven J. Chananie of counsel), for respondent in the second above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Amy Applebaum and Alyson J. Gill of counsel), for New York State District Attorneys' Association, amicus curiae, in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and SMITH concur with Judge LEVINE; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.

LEVINE, J.

Defendants in these cases raise a common issue regarding the proper construction of CPL 270.15, the statutory provision governing jury selection: whether that section mandates that the People make all their peremptory challenges to a particular array before the defendant is required to make any, or if it permits the court to require both parties to exercise peremptory challenges to a subset of jurors...

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