ALBANY – The mistaken denial by a trial court of the use of a peremptory challenge is reversible error per se under New York state law, a 4-3 Court of Appeals ruled yesterday.
New York’s high court took up an invitation the U.S. Supreme Court extended to the states in Rivera v. Illinois, 129 S. Ct. 1446 (2009), and found that New York state law mandates the automatic reversal of a conviction when a judge improperly refuses a peremptory challenge to the seating of a juror.
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