People v. Foster
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
Was the erroneous denial of a challenge for cause pre*201served for appellate review when the defendant who made the challenge was unable to exercise a peremptory challenge because his codefendants refused to join the exercise with him? Resolution of that question and the impact of the resolution upon each of the three defendants are the primary issues on these appeals.
During jury selection at the outset of the defendants’ trial for murder in the second degree and other crimes, defendant Jerry Foster challenged for cause a venireman who had served on a Federal…
2Cases cited27 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- People v. MartinNew York Court of Appeals · 1980
- People v. BlydenNew York Court of Appeals · 1982
- People v. ConaNew York Court of Appeals · 1979
- People v. CulhaneNew York Court of Appeals · 1973
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3Cited by23 opinions
- State v. OwensSouth Dakota Supreme Court · 2002
- People v. PaganAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MolanoAppellate Division of the Supreme Court of the State of New York · 2010
- Smith v. StateDistrict Court of Appeal of Florida · 1991
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
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