PEOPLE v. DE CONTO

Ordered that the judgments are reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

After the prosecutor indicated to the court that he had completed his peremptory challenges, and while defense counsel was exercising his peremptory challenges, the court permitted the prosecutor to exercise another peremptory challenge. This constituted reversible error (see, CPL 270.15; People v McQuade, 110 N.Y. 284; People v. Williams, 26 N.Y.2d 62, 63-64; People v. Walker, 168 A.D.2d 470; People v. McBride, 51 A.D.2d 554, 555).

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.