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People v. Conto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 684 (N.Y. App. Div. 1991)

Opinion

April 15, 1991

Appeal from the County Court, Westchester County (Nastasi, J.).


Ordered that the judgments are reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

After the prosecutor indicated to the court that he had completed his peremptory challenges, and while defense counsel was exercising his peremptory challenges, the court permitted the prosecutor to exercise another peremptory challenge. This constituted reversible error (see, CPL 270.15; People v McQuade, 110 N.Y. 284; People v. Williams, 26 N.Y.2d 62, 63-64; People v. Walker, 168 A.D.2d 470; People v. McBride, 51 A.D.2d 554, 555).

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.


Summaries of

People v. Conto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 684 (N.Y. App. Div. 1991)
Case details for

People v. Conto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN DE CONTO…

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

Date published: Apr 15, 1991

Citations

172 A.D.2d 684 (N.Y. App. Div. 1991)