Under NY jury selection, are there three peremptory strikes and may they not be based on race or gender?

• A. True
• B. False
• C. Only in civil cases
• D. Not allowed in NY at all

Answer: (A)

During jury selection in New York, each side has a limited number of peremptory challenges to strike potential jurors without giving a reason. The standard number in most trials is three per side. A key part of the rule is that these peremptory challenges may not be used to exclude jurors on the basis of protected characteristics, such as race or gender. If a party objects to a strike on those grounds, the opposing party must provide a race- or gender-neutral justification, and the judge will assess whether the strike is permissible. In short, you have a fixed set of peremptory challenges to use for non-discriminatory reasons, and discriminating on race or gender is not allowed.