People v. Harold L. Petke


AD3 order dated February 19, 2015, reversing judgment of conviction. Decision below: 125 AD3d 1103, 5 NYS3d 532. Read, J., granted leave to People May 11, 2015.
ISSUE PRESENTED: Whether the concededly improper denial of a challenge for cause, followed by counsel’s exercise of a peremptory challenge and the exhaustion of defense peremptories, was harmless because (1) the one additional juror selected after the exhaustion did not end up deliberating due to a medical condition, (2) defendant had been given additional peremptory challenges when selecting alternates, and (3) defendant chose not to exercise a peremptory on the alternate who replaced the ill juror.