PEOPLE v. VIERA

2014-05889. Ind. No. 2406/11.

164 A.D.3d 1277 (2018)

82 N.Y.S.3d 112

2018 NY Slip Op 06043

The People of the State of New York, Respondent, v. Shamar Viera, Appellant.

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

Decided September 12, 2018.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court for a new trial.

The defendant was tried jointly with two codefendants (hereinafter collectively the defense). During voir dire, the defense was given 20 peremptory challenges for regular jurors. After questioning of the first group of prospective jurors was completed, the Supreme Court divided that group into two subgroups. Each side had the opportunity to exercise...

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