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PEOPLE v. THOMPSON

79 A.D.2d 87 (1981)

The People of the State of New York, Respondent, v. Reginald Thompson, Appellant

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

February 2, 1981

Attorney(s) appearing for the Case

William E. Hellerstein (Susan Manca of counsel), for appellant.

Eugene Gold, District Attorney (Cynthia Kean of counsel), for respondent.

HOPKINS, J. P., and GIBBONS, J., concur with MARGETT, J.; MANGANO, J., dissents and votes to affirm the judgment, in a separate opinion, with which TITONE, J., concurs.

MARGETT, J.

The primary issue on this appeal is whether defendant's right to a trial by an impartial jury, as defined by our State Constitution, was violated by virtue of the prosecutor's unquestioned use of all of the substantial number of peremptory challenges exercised by him to exclude black prospective jurors from the jury.1 Since we conclude that, in the circumstances at bar...

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