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People v. Mancuso

238 N.E.2d 757, 22 N.Y.2d 679, 291 N.Y.S.2d 370, 1968 N.Y. LEXIS 1373
CourtNew York Court of Appeals
DecidedMay 16, 1968
StatusPublished
Cited by19 cases

This text of 238 N.E.2d 757 (People v. Mancuso) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mancuso, 238 N.E.2d 757, 22 N.Y.2d 679, 291 N.Y.S.2d 370, 1968 N.Y. LEXIS 1373 (N.Y. 1968).

Opinions

Memorandum.

While it was error for the People to be allowed to peremptorily challenge a prospective juror after they had already indicated their satisfaction with the jury as thus impaneled and after the defendants had exercised their peremptories to the box (see People v. McQuade, 110 N. Y. 284; People v. Grieco, 266 N. Y. 48; Code Crim. Pro., § 385), defendants’ failure to object to such challenge when it was made must, in the interest of orderly trial procedure, be deemed a waiver of the rights secured to them under section 385 of the Code of Criminal Procedure. Modification of the judgments below against defendants Mancuso and Morganti and remand to the County Court, Monroe County, are, however, required to provide for the imposition of a sentence to run concurrently instead of consecutively. (People v. Birmingham, 16 N Y 2d 984; former Penal Law, § 1938.)

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Bluebook (online)
238 N.E.2d 757, 22 N.Y.2d 679, 291 N.Y.S.2d 370, 1968 N.Y. LEXIS 1373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mancuso-ny-1968.