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This entry was published on 2014-09-22
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SECTION 360.15
Trial jury; challenge to the panel
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE K, ARTICLE 360
§ 360.15 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 trial of the action 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 appropriate 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 questions of 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 the return of
another panel of prospective trial jurors.