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PEOPLE v. MARSHALL

2012-11050, Ind. No. 11053/10.

131 A.D.3d 1074 (2015)

17 N.Y.S.3d 140

2015 NY Slip Op 06830

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREMAYNE MARSHALL, Appellant.

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

Decided September 16, 2015.

Ordered that the judgment is affirmed.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the defendant's request to withdraw his peremptory challenge to a prospective juror (cf. People v Parrales, 105 A.D.3d 871, 872 [2013]). Contrary to the People's contention, the defendant sufficiently preserved this argument for appellate review (see CPL 470.05 [2]; People...

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