PEOPLE v. PENA


282 A.D.2d 410 (2001)

723 N.Y.S.2d 659

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO PENA, Appellant.

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

Decided April 26, 2001.


The court's denial of defendant's challenge for cause to a potential juror, even if erroneous, would not constitute reversible error since defendant did not exhaust all of his peremptory challenges (CPL 270.20 [2]). The record indicates that defense counsel used only 12 of the 15 peremptory challenges he was entitled to use (CPL 270.25 [2] [b]).

Defendant's challenge to police testimony that prerecorded buy money and additional drugs are not always recovered is unpreserved...

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