A peremptory challenge is a privilege of trial counsel which may be exercised arbitrarily and without explanation. However, the number of peremptory challenges that may be used is limited by law and varies according to the nature of the case. This challenge may never be exercised in a discriminatory manner. This questioning process continues until the attorneys for all parties are satisfied with the composition of the jury or have exhausted all challenges permitted by law. It is necessary to choose additional people who will serve as alternate jurors in the event that illness or other emergencies require the court to excuse a member of the trial jury.
Alternate jurors are necessary to ensure a sufficient number of jurors for deliberation.
Throughout the trial, all jurors will sit together and pay careful attention to the evidence. The judge will decide when to excuse the alternate jurors. The policy of the New York State court system is that jurors selected for juries serve as promptly as possible. Normally, a trial will start within 24 hours of the completion of jury selection. The Administrative Judge is permitted to discharge a sworn jury if, the trial does not start within five days of the jury being sworn.