People v. Colon

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

At the end of the second round of jury selection, the parties had selected 11 jurors. When the trial court disapprovingly remarked that a new panel would have to be called for one more juror, the parties conferred and defense counsel decided to withdraw a peremptory challenge in order to seat the final juror. Defendant, though not personally objecting to the procedure, did complain that he wanted a…