I wonder if backstrikes are permitted? A backstrike is a peremptory challenge against a juror already selected. In Florida, backstrikes are permitted until the venire is sworn. Each side has got four peremptories left. Maybe Judge Merchan swore the seven? I would think that unlikely. Jeopardy attaches once the jury is sworn. Maybe NY doesn't permit backstrikes? Judges don't like it! But under Florida law at least, they have no choice.