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PEOPLE v. SOTO

267 A.D.2d 15 (1999)

699 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR SOTO, Appellant.

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

Decided December 2, 1999.

Defendant's consent to the prosecutor's belated exercise of a peremptory challenge was valid. The record establishes that defendant's consent was not coerced by the court's stated plan to begin jury selection anew in the event that defendant did not give such consent. In any event, the court's alternate plan would have been a proper exercise of discretion (see, Matter of Brackley v Donnelly, 53 A.D.2d 849, 850) because of the unusual...

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