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PEOPLE v. BRODERICK

255 A.D.2d 389 (1998)

679 N.Y.S.2d 847

The People of the State of New York, Respondent, v. Kyle Broderick, Appellant

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

November 9, 1998

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The court committed reversible error when, after the defense counsel made his peremptory challenges, it permitted the prosecutor to belatedly exercise a peremptory challenge to a still unsworn, prospective juror (see, CPL 270.15 [2]; People v McQuade, 110 N.Y. 284; People v Lebron, 236 A.D.2d 423

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