People v. Feliciano, 308 A.D.2d 459 (N.Y. App. Div. 2003). · Go Syfert
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People v. Feliciano, 308 A.D.2d 459 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Price (nyappdiv, 2012-05-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Price
N.Y. App. Div. · 2012 · confidence medium
Morganti v New York, 393 US 946 [1968]; People v Lambert, 36 AD3d 939 [2007]; People v Nieves, 26 AD3d 519, 520 [2006]; People v Feliciano, 308 AD2d 459, 459-460 [2003]; People v Lebron, 236 AD2d 423, 423-424 [1997]).
cited Cited as authority (rule) People v. Corea
N.Y. App. Div. · 2006 · confidence medium
We reach this contention notwithstanding that the issue was unpreserved for appellate review (see People v Ford, 62 NY2d 275, 282-283 [1984]; People v Feliciano, 308 AD2d 459, 460 [2003]).
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The People of the State of New York
v.
Jose Feliciano
Appellate Division of the Supreme Court of the State of New York.
Sep 8, 2003.
308 A.D.2d 459
Cited by 4 opinions  |  Published

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 18, 2000, convicting him of murder in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The trial court committed reversible error when, after the defense counsel made his peremptory challenges, it permitted the prosecutor to belatedly exercise a peremptory challenge to[*460] a still unsworn prospective juror (see CPL 270.15 [2]; People v Williams, 26 NY2d 62 [1970]; People v Broderick, 255 AD2d 389 [1998]; People v Lebron, 236 AD2d 423 [1997]; People v De Conto, 172 AD2d 684 [1991], affd 80 NY2d 943 [1992]; People v Walker, 168 AD2d 470 [1990]; see also People v Alston, 88 NY2d 519 [1996]).

The defendant’s challenge to the reckless endangerment charge as a lesser-included offense of murder in the second degree (see CPL 1.20 [37]) is unpreserved for appellate review (see People v Ford, 62 NY2d 275, 283 [1984]).

In light of our determination that a new trial is required, we need not reach the defendant’s remaining contentions. Florio, J.P., Schmidt, Crane and Cozier, JJ., concur.