Appellate Division of the Supreme Court of New York, 1999

People v. Nash

People v. Nash
Appellate Division of the Supreme Court of New York · Decided December 13, 1999
267 A.D.2d 334; 699 N.Y.S.2d 887; 1999 N.Y. App. Div. LEXIS 12841
People v. Nash

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered February 25, 1997, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

*335Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We agree with the defendant’s contention that the erroneous denial of his challenge for cause to a prospective juror constitutes reversible error because he had exhausted all of his peremptory challenges before the completion of jury selection (see, CPL 270.20 [2]; People v Torpey, 63 NY2d 361, 365; People v White, 260 AD2d 413; People v Molinari, 252 AD2d 532).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Santucci and Florio, JJ., concur.

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