People v. Soto

—Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered June 6, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant’s consent to the prosecutor’s belated exercise of a peremptory challenge was valid. The record establishes that defendant’s consent was not coerced by the court’s stated plan to begin jury selection anew in the event that defendant did not give such consent. In any event, the court’s alternate plan…