Appellate Division of the Supreme Court of New York, 2003

People v. Feliciano

Appellate Division of the Supreme Court of New York · Decided September 8, 2003

308 A.D.2d 459; 764 N.Y.S.2d 196; 2003 N.Y. App. Div. LEXIS 9267

Cases that cite this one

4 later published cases cite this decision.

People v. Price (Appellate Division of the Supreme Court of New York 2012)
People v. Lubrano (Appellate Division of the Supreme Court of New York 2007)
People v. Corea (Appellate Division of the Supreme Court of New York 2006)
People v. Nieves (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 18, 2000, convicting him of murder in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

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

The trial court committed reversible error when, after the defense counsel made his peremptory challenges, it permitted the prosecutor to belatedly exercise a peremptory challenge to *460a still unsworn prospective juror (see CPL 270.15 [2]; People v Williams, 26 NY2d 62 [1970]; People v Broderick, 255 AD2d 389 [1998]; People v Lebron, 236 AD2d 423 [1997]; People v De Conto, 172 AD2d 684 [1991], affd 80 NY2d 943 [1992]; People v Walker, 168 AD2d 470 [1990]; see also People v Alston, 88 NY2d 519 [1996]).

The defendant’s challenge to the reckless endangerment charge as a lesser-included offense of murder in the second degree (see CPL 1.20 [37]) is unpreserved for appellate review (see People v Ford, 62 NY2d 275, 283 [1984]).

In light of our determination that a new trial is required, we need not reach the defendant’s remaining contentions. Florio, J.P., Schmidt, Crane and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.