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PEOPLE v. LUCIANO

10 N.Y.3d 499 (2008)

890 N.E.2d 214

860 N.Y.S.2d 452

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RUBEN LUCIANO, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

Center for Appellate Litigation, New York City (Peter Theis and Robert S. Dean of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

When a litigant peremptorily challenges two potential jurors in a discriminatory manner, does a trial judge have discretion to remedy that constitutional violation by (in addition to seating the two individuals) requiring the litigant to forfeit those improperly exercised challenges? We conclude that trial judges do have that discretion, but that no such discretion was...

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