McCRAY v. ABRAMS

No. 1272, Docket 84-2026.

750 F.2d 1113 (1984)

Michael McCRAY, Petitioner-Appellee, v. Robert ABRAMS, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 4, 1984.


Attorney(s) appearing for the Case

Steven R. Shapiro, New York Civil Liberties Union, New York City, for petitioner-appellee.

Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Allan P. Root, Nikki Kowalski, Asst. Dist. Attys., Brooklyn, N.Y., on the brief), for respondent-appellant.

Before LUMBARD, MESKILL, and KEARSE, Circuit Judges.


KEARSE, Circuit Judge:

Respondent New York State Attorney General Robert Abrams (the "State") appeals from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, granting the petition of Michael McCray, a black defendant convicted in New York State Supreme Court of robbery, for a writ of habeas corpus on the ground that the prosecution's use of peremptory challenges to excuse all black and Hispanic venirepersons...

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