Trial jury; challenge to the panel

Criminal Procedure

Section: 360.15

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 360.15

§ 360.15 Trial jury; challenge to the panel.\n 1. A challenge to the panel is an objection made to the entire panel\nof prospective trial jurors returned for the trial of the action and may\nbe taken to such panel or to any additional panel that may be ordered by\nthe court. Such a challenge may be made only by the defendant and only\non the ground that there has been such a departure from the requirements\nof the appropriate law in the drawing or return of the panel as to\nresult in substantial prejudice to the defendant.\n 2. A challenge to the panel must be made before the selection of the\njury commences, and, if it is not, such challenge is deemed to have been\nwaived. Such challenge must be made in writing setting forth the facts\nconstituting the ground of challenge. If such facts are denied by the\npeople, witnesses may be called and examined by either party. All\nissues of fact and questions of law arising on the challenge must be\ntried and determined by the court. If a challenge to the panel is\nallowed, the court must discharge that panel and order the return of\nanother panel of prospective trial jurors.\n

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