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PEOPLE v. POSNER

226 A.D.2d 481 (1996)

640 N.Y.S.2d 595

The People of the State of New York, Respondent, v. Harvey Posner, Also Known as Harvey Possner, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 8, 1996

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

A defendant may not exercise peremptory challenges in such a manner as to purposefully exclude jurors who do not share the defendant's race. Once a prima facie case is made that a defendant is exercising peremptory challenges in such a manner, the defendant must give nondiscriminatory...

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