PEOPLE v. DAVIS

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

During the first round of voir dire, after the People and the defense counsel made their peremptory challenges, the defense counsel raised a successful Batson challenge to one of the People's peremptory challenges. The Supreme Couit committed reversible error by then permitting the People to exercise an additional peremptory challenge ( see, CPL 270.15; People v. Alston, 88 N.Y.2d 519, 529; see also, People v. Lebron, 236 A.D.2d 423).

The Supreme Court also erred by not including the statutory definitions of "deprive" and "appropriate" within the jury charge on the robbery counts of the indictment, as requested by the defendant (Penal Law § 155.00, [4]; see, People v. Watts, 57 N.Y.2d 299; People v. Zambuto, 93 A.D.2d 873; People v. Albanese, 88 A.D.2d 603).