N.Y. Criminal Procedure Law § 270.10: Trial jury; challenge to the panel

§ 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.