People v. Davis, 75 N.Y.2d 764 (1990)
The number of peremptory challenges a defendant is entitled to during jury selection is determined by the highest crime charged in the indictment, regardless of the evidence’s sufficiency to support that charge.
Summary
Defendant was indicted for attempted robbery in the first degree, a class C felony, but the trial court found insufficient evidence for that charge, believing the evidence supported only attempted robbery in the second degree, a class D felony. Despite this, the People did not supersede the indictment. At trial, the court granted the defendant only 10 peremptory challenges, the number allowed for the lesser charge, instead of the 15 challenges for the higher charge in the indictment. The Court of Appeals reversed, holding that the number of peremptory challenges is dictated by the highest crime formally charged in the indictment, not by the crime the court believes is supported by the evidence.
Facts
The defendant was indicted on a single count of attempted robbery in the first degree based on displaying what appeared to be a firearm during the crime. Prior to trial, the defendant moved to dismiss the indictment, arguing insufficient evidence to support the charge. The trial court agreed that the evidence was insufficient for attempted first-degree robbery but found sufficient evidence for the lesser included offense of attempted robbery in the second degree. However, the court did not dismiss the first-degree robbery charge.
Procedural History
The trial court denied the defendant’s pretrial motion to dismiss the indictment. The People did not attempt to supersede the indictment. The case proceeded to trial on the original charge of attempted robbery in the first degree. The trial court granted the defendant only 10 peremptory challenges. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals then reviewed the case.
Issue(s)
Whether the number of peremptory challenges allowed to a defendant is determined by the highest crime charged in the indictment, or by the crime the trial court believes is supported by sufficient evidence presented to the Grand Jury.
Holding
Yes, because CPL 270.25(2) clearly states that the number of peremptory challenges is based on the degree of the highest crime charged in the indictment, regardless of the evidence’s strength regarding that charge.
Court’s Reasoning
The Court of Appeals emphasized the plain language of CPL 270.25(2), which explicitly ties the number of peremptory challenges to the highest crime charged in the indictment. The court rejected the argument that the trial court could effectively “amend” the indictment to reflect the lesser charge. The court stated, “Although the court made it clear that if the People’s case proceeded as expected, attempted first degree robbery would not be submitted to the jury, that was no substitute for compliance with the clear statutory directive of CPL 270.25 (2), which bases the number of peremptory challenges each party must be allowed on the degree of the highest crime charged.” The court acknowledged the trial court’s frustration with the situation but stressed that such procedural matters are for legislative action, not judicial improvisation. Because the defendant was formally charged with a class C felony, attempted robbery in the first degree, he was entitled to 15 peremptory challenges, regardless of the trial court’s assessment of the evidence.