Appellate Division of the Supreme Court of the State of New York, First Department.
The court's decision to designate the second-drawn juror as foreperson, over defendant's objection, after the first-drawn juror refused to serve in that capacity, does not warrant reversal (see, CPL 470.05 [1]). Although CPL 270.15 (3) requires the first-drawn juror be designated foreperson, and, assuming arguendo, that the court should have either insisted that the first-drawn juror perform that duty or be discharged, the designation of the second-drawn juror could...
