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People v. Broderick

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 389 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the Supreme Court, Kings County (Firetog, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The court committed reversible error when, after the defense counsel made his peremptory challenges, it permitted the prosecutor to belatedly exercise a peremptory challenge to a still unsworn, prospective juror ( see, CPL 270.15; People v. McQuade, 110 N.Y. 284; People v. Lebron, 236 A.D.2d 423; People v. De Conto, 172 A.D.2d 684, affd 80 N.Y.2d 943; see also, People v. Alston, 88 N.Y.2d 519).

Further, we note that the court erred in refusing to charge that a reasonable doubt could arise from a lack of evidence as well as from the evidence presented ( see, People v. Roldos, 161 A.D.2d 610).

Bracken, J. P., Pizzuto, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Broderick

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 389 (N.Y. App. Div. 1998)
Case details for

People v. Broderick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE BRODERICK…

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

Date published: Nov 9, 1998

Citations

255 A.D.2d 389 (N.Y. App. Div. 1998)
679 N.Y.S.2d 847

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