People v. Mancuso, 22 N.Y.2d 679 (1968)
An objection to a peremptory challenge during jury selection must be timely, but the specific circumstances of the jury selection process can affect what constitutes a timely objection.
Summary
This case addresses the timeliness of an objection to a peremptory challenge during jury selection. The defense argued that the prosecution’s peremptory challenge violated the Code of Criminal Procedure. The dissenting judges argued that the defense’s objection, although not immediately made, was timely because the trial court’s deviations from proper jury selection methods created confusion. The dissent emphasized that the trial court itself considered the motion on its merits, suggesting it viewed the objection as timely within the context of the proceedings. The dissent underscores the importance of adhering to proper jury selection procedures to avoid confusion and potential prejudice.
Facts
The specific facts regarding the crime are not detailed in the dissenting memorandum. The focus is solely on a procedural issue during jury selection: the prosecution’s use of a peremptory challenge and the defense’s objection to it.
Procedural History
The case reached the New York Court of Appeals. The Appellate Division had previously noted the potential for prejudice from deviations in jury selection. The trial court had apparently ruled inconsistently on jury selection procedures. The Court of Appeals modified the judgment, affirming it as modified, based on the dissenting memorandum’s reasoning regarding the timeliness of the objection.
Issue(s)
Whether the defense’s objection to the prosecution’s peremptory challenge was timely, considering the trial court’s deviation from proper jury selection procedures and its own rulings.
Holding
Yes, the objection was timely because the trial court’s departures from proper procedure created confusion, potentially excusing the defense’s delay in objecting, and the trial court considered the motion on its merits.
Court’s Reasoning
The dissenting memorandum reasoned that the Appellate Division correctly identified the risk of confusion when a trial court deviates from established jury selection methods. The memorandum noted that the trial court and the prosecution did not follow section 385 of the Code of Criminal Procedure or the trial court’s own previous rulings on procedure. The dissent argued that defense counsel’s failure to immediately recognize the impropriety should be excused because the inconsistent rulings likely caused confusion. The dissent also pointed out that the trial court, which was best positioned to evaluate the impact on justice, addressed the defense’s motion on its merits, suggesting the trial court considered the objection timely. The dissent implied a standard where flexibility in determining timeliness is appropriate when the court’s own actions contribute to the delay in raising the objection. The memorandum also implicitly highlights the importance of preserving the integrity of the jury selection process and ensuring fairness to the defendant. There is no record of the majority’s reasoning in the provided text.