PEOPLE v. ISRAEL

9958, 2586/13.

176 A.D.3d 413 (2019)

110 N.Y.S.3d 106

2019 NY Slip Op 07021

The People of the State of New York, Respondent, v. Michael Israel, Appellant.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Caitlin Glass of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sheila O'Shea of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.


The court providently exercised its discretion in denying defendant's belated challenge for cause to a selected juror (see CPL 270.15[2]). Although the juror had not been sworn, jury selection had been completed, and defendant's request was for substitution of an alternate. Furthermore, the specific arguments defendant made at the time of the challenge did not require excusal of the juror for cause, and defendant did not request that the juror be recalled.

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