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This entry was published on 2014-09-22
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SECTION 270.10
Trial jury; challenge to the panel
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 270
§ 270.10 Trial jury; challenge to the panel.

1. A challenge to the panel is an objection made to the entire panel
of prospective trial jurors returned for the term and may be taken to
such panel or to any additional panel that may be ordered by the court.
Such a challenge may be made only by the defendant and only on the
ground that there has been such a departure from the requirements of the
judiciary law in the drawing or return of the panel as to result in
substantial prejudice to the defendant.

2. A challenge to the panel must be made before the selection of the
jury commences, and, if it is not, such challenge is deemed to have been
waived. Such challenge must be made in writing setting forth the facts
constituting the ground of challenge. If such facts are denied by the
people, witnesses may be called and examined by either party. All
issues of fact and law arising on the challenge must be tried and
determined by the court. If a challenge to the panel is allowed, the
court must discharge that panel and order another panel of prospective
trial jurors returned for the term.