9.35 - D. Jury Selection

• Jurisdiction: New York

D. Jury Selection

Generally, jury selection is conducted outside the presence of an IAS justice and without a court reporter.²¹⁵⁷ Appellate courts are unable to determine errors that an appellant asserts have prejudiced him or her concerning jury selection when he or she has not provided the court with some kind of record of what transpired at jury selection.²¹⁵⁸ Indeed, without a record of the error, the appellate court will reject the claim of error.²¹⁵⁹

To make a record of the error, request that a court reporter sit in at voir dire and record it for transcription.²¹⁶⁰ In the alternative, prepare attorney affidavits and “affidavits of any other witnesses to the objectionable statement or conduct, for submission to the court...