The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).
At the end of the second round of jury selection, the parties had selected 11 jurors. When the trial court disapprovingly remarked that a new panel would have to be called for one more juror, the parties conferred and defense counsel...
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