PEOPLE v. KEMP


291 A.D.2d 236 (2002)

738 N.Y.S.2d 25

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELROY KEMP, Appellant.

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

Decided February 7, 2002.


By declining the court's offer of a suitable remedy, defendant waived his present claim that the prosecutor's exercise of a peremptory challenge was not in accord with the sequence provided by CPL 270.15 (2). In any event, defendant was not prejudiced by the technical irregularity that occurred when the court first rejected the prosecutor's peremptory challenge to the panelist in question as premature, and then, after defendant had exercised peremptory challenges to other...

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