Fourth Department – Peremptory challenges: People v. Jones

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Peremptory challenges — Codefendant’s unilateral use — Third-party subpoena

People v. Jones

KA 24-01126

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of criminal possession of a controlled substance. He argues that the court erred in permitting the codefendant to unilaterally exercise peremptory challenges. He also argues that it was in error to deny his request for a third-party subpoena regarding the latent print examiner.

Ruling: The Appellate Division reversed. The court held that a mistaken denial of a defendant’s peremptory challenge mandates automatic reversal, noting that the defendant and codefendant exhausted their shared challenges before all jurors were selected. Additionally, the court noted that the subpoena request ought to have been granted because the materials sought related to the examiner’s previous errors and bore on the reliability of her identification of the defendant’s fingerprints.

Casey S. Duffy, of the Frank H. Hiscock Legal Aid Society, for the defendant-appellant; David D. Bassett, of the district attorney’s office, for the respondent.

 Oral argument video