People v Monroe
2014 NY Slip Op 04519 [118 AD3d 916]
June 18, 2014
Appellate Division, Second Department
As corrected through Wednesday, July 30, 2014


[*1]
 The People of the State of New York,Respondent,
v
Reginald Monroe, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, EllenC. Abbot, and Daniel Bresnahan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Lasak, J.), rendered January 4, 2012, convicting him of murder in the second degree andcriminal possession of a weapon in the fourth degree, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant'sbelated peremptory challenge to an unsworn juror after both sides had accepted the jurorand the court had begun to entertain challenges regarding the next group of prospectivejurors (see CPL 270.15; People v Hecker, 15 NY3d 625 [2010]; People vAlston, 88 NY2d 519 [1996]; People v Brown, 52 AD3d 248, 248 [2008]; People vLeakes, 284 AD2d 484, 484 [2001]; People v Smith, 278 AD2d 75, 76[2000]; cf. People vRosario-Boria, 110 AD3d 1486, 1486-1487 [2013]; People v Parrales, 105 AD3d871, 872 [2013]; People vJabot, 93 AD3d 1079, 1080-1081 [2012]). Skelos, J.P., Dillon, Maltese andBarros, JJ., concur.


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