People v. Harris

Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: The issue of when an objection pursuant to Batson v Kentucky (476 US 79) must be made to be considered timely has never been fully answered in this State. We conclude that, to be timely, an objection must be made before the jury, or the last juror, including alternates, is sworn. The purpose of requiring a prompt objection to the discriminatory exercise of peremptory challenges is to permit the court to conduct a hearing at the earliest opportunity while matters are fresh in…