People v. Mallory

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered September 17, 2012. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree and robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court erred in permitting the prosecutor to exercise peremptory challenges…