right of peremptory challenge (New York) · Go Syfert
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right of peremptory challenge in New York

10 New York opinions name it 3 courts 1888–2018 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
People v. . McQuadegreen
ny · 1888 · cited in 5 New York opinions naming this issue, 1971–2018
2 sentences

2018"The right of peremptory challenge given to an accused person is a substantial right," and [*2]the order in which peremptory challenges are made "is matter of substance" "intended for the benefit of the defendant" ( People v McQuade , 110 NY 284, 292-294 [1888] [addressing similar predecessor statute]).

2010“From ‘earliest times the right of peremptory challenge was the privilege of the accused’ ” (id., quoting People v McQuade, 110 NY 284, 293 [1888]).

45
People v. Williamsgreen
ny · 1970 · cited in 2 New York opinions naming this issue, 1994–2008
2 sentences

2008Indeed, in People v McQuade the Court referred to the right of peremptory challenge given to the accused person as "a substantial right" and enforced it by strictly construing the statutory language prescribing the order in which peremptory challenges should be exercised—first by the prosecution, then by the defendant—without exception ( 110 NY at 292-293 ; see also People v Williams, 26 NY2d 62 [1970]).

1994"Neither the court nor the parties can select the jury except in the way pointed out by the statute” (People v McQuade, 110 NY 284, 293-294, 306 ; see also, People v Williams, 26 NY2d 62 ).

22
Swain v. Alabamared
scotus · 1965 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017The function is “to eliminate extremes of partiality on both sides, [and] to assure the parties that the jurors before whom they try the case will decide on the basis of the evidence placed before them, and not otherwise” (Swain v Alabama, 380 US 202, 219 [1965]).

11
People v. Bollinggreen
ny · 1992 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Over time, however, this right also has been the subject of limitation and criticism ( Allen, 86 NY2d at 109 n 2; People v Bolling, 79 NY2d 317, 326 [1992, Bellacosa, J., concurring]).

11
People v. Thompsongreen
nyappdiv · 1981 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Analysis From "earliest times the right of peremptory challenge was the privilege of the accused" ( People v McQuade, 110 NY 284, 293 [1888]; see People v Thompson, 79 AD2d 87, 97 [2d Dept 1981]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
People v. Payne green
ny · 1996
1 sentence

2010In People v Jones, one of the three cases before us in Payne, we observed that in the context of a reverse Batson test, Supreme Court, at step two, commanded the defense to “articulate ‘non-pretextual’ reasons for the challenges” ( 88 NY2d at 186 ).

12010–2010
People v. Allen green
ny · 1995
1 sentence

2008Over time, however, this right also has been the subject of limitation and criticism ( Allen, 86 NY2d at 109 n 2; People v Bolling, 79 NY2d 317, 326 [1992, Bellacosa, J., concurring]).

12008–2008
Malinski v. New York green
scotus · 1945
1 sentence

1948Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434 ; People v. Esposito, 224 N. Y. 370, 373 ; Abbate v. Solan, 257 App. Div. 776 ; Saunders v. Champlain Bus Corp., 263 App. Div. 683 ), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to individual jurors (People v. Creasy, 236 N. Y. 205, 226 ), and (3) upon defendant’s retention of an attorney and the payment of a fee to him, a subject on wh

11948–1948
People v. . Creasy green
ny · 1923
1 sentence

1948Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434 ; People v. Esposito, 224 N. Y. 370, 373 ; Abbate v. Solan, 257 App. Div. 776 ; Saunders v. Champlain Bus Corp., 263 App. Div. 683 ), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to individual jurors (People v. Creasy, 236 N. Y. 205, 226 ), and (3) upon defendant’s retention of an attorney and the payment of a fee to him, a subject on wh

11948–1948
People v. . Esposito green
ny · 1918
1 sentence

1948Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434 ; People v. Esposito, 224 N. Y. 370, 373 ; Abbate v. Solan, 257 App. Div. 776 ; Saunders v. Champlain Bus Corp., 263 App. Div. 683 ), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to individual jurors (People v. Creasy, 236 N. Y. 205, 226 ), and (3) upon defendant’s retention of an attorney and the payment of a fee to him, a subject on wh

11948–1948
Abbate v. Solan neutral
nyappdiv · 1939
1 sentence

1948Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434 ; People v. Esposito, 224 N. Y. 370, 373 ; Abbate v. Solan, 257 App. Div. 776 ; Saunders v. Champlain Bus Corp., 263 App. Div. 683 ), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to individual jurors (People v. Creasy, 236 N. Y. 205, 226 ), and (3) upon defendant’s retention of an attorney and the payment of a fee to him, a subject on wh

11948–1948
Saunders v. Champlain Bus Corp. green
nyappdiv · 1942
1 sentence

1948Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434 ; People v. Esposito, 224 N. Y. 370, 373 ; Abbate v. Solan, 257 App. Div. 776 ; Saunders v. Champlain Bus Corp., 263 App. Div. 683 ), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to individual jurors (People v. Creasy, 236 N. Y. 205, 226 ), and (3) upon defendant’s retention of an attorney and the payment of a fee to him, a subject on wh

11948–1948
People Ex Rel. Livermore v. Hamilton neutral
ny · 1868
1 sentence

1901In this case ( 39 N. Y. 107 , supra) Mason, J., says at page 110: “While the right of peremptory challenge is an act of the party alone, which sets aside the juror drawn, without a decision or interposition of the justice at all, this act requiring the jury to be drawn in the same manner as jurors in justice’s court has reference to the mode and manner of drawing, and ought not to be held as extending by implication and construction the right of peremptory challenge given by the statute of 1874, which, in its very nature, limits the right of peremptory challenge to the trial of fact joined in

11901–1901
People v. Bodine green
nycterr · 1845
1 sentence

1893The cases of People v. Bodine, 1 Den. 281 , and Freeman v. People, 4 id. 9, which were much considered, established the principle that an error in the ruling of a trial judge on the trial of a challenge for cause, interposed by the defendant, to which exception was duly taken, was not waived by the omission of the defendant to exercise the right of peremptory challenge, although when the jury was completed he had peremptory challenges unused.

11893–1893
The People v. . Carpenter green
· 1886
2 sentences

1888People v. Carpenter, supra. When the jurors in question were peremptorily challenged by the district attorney they had not been sworn as jurors.

1888People v. Carpenter, supra. V.

11888–1888

Where else courts name it

IL 21 (1910–2014) AL 16 (1914–2014) FL 13 (1869–2025) NJ 12 (1944–2005) TN 11 (1963–2010) NY 10 (1888–2018) LA 10 (1853–1978) MD 10 (1926–2008) CA 9 (1930–2024) DC 9 (1994–2002) WA 7 (1913–2001) KY 7 (1956–2017) NM 7 (1927–2003) AZ 6 (1949–1987) MS 6 (1920–2007) AR 6 (1958–1969) NC 6 (1888–1975) PA 6 (1838–2026) MI 6 (1915–2004) IN 5 (1909–2002) TX 5 (1902–1987) MN 4 (1878–2008) HI 4 (1910–2012) MA 4 (1974–1990) CO 3 (1897–1985) CT 3 (1859–2017) OR 3 (1948–2024) IA 3 (2013–2016) GA 2 (1877–1938) WI 2 (1985–1997) NE 2 (1958–2000) AK 2 (1983–1994) ME 2 (2002–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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