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ROMAN v. ABRAMS

Nos. 91, 242, Dockets 85-2191, 85-2343.

822 F.2d 214 (1987)

Michael ROMAN, Petitioner-Appellee, v. Robert ABRAMS, Attorney General of the State of New York, Respondent-Appellant. Harold SCHREIBER, Petitioner-Appellant, v. Dominick R. SALAMACK, Superintendent of Edgecombe Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1987.

Attorney(s) appearing for the Case

Lawrence Mark Stern, New York City, for petitioner-appellee.

Peter D. Coddington, Asst. Dist. Atty., Bronx, N.Y. (Mario Merola, Dist. Atty. for Bronx County, Robert L. Shepherd, Roger L. Stavis, Asst. Dist. Attys., Bronx, N.Y., on the brief), for respondent-appellant and respondent-appellee.

Henriette D. Hoffman, Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellant.

Before NEWMAN, KEARSE and ALTIMARI, Circuit Judges.

KEARSE, Circuit Judge:

These appeals, consolidated for argument, present questions concerning the propriety of a state prosecutor's use of peremptory challenges to exclude White persons from the petit jury before which petitioners Michael Roman and Harold Schreiber, who are White, were jointly tried. In No. 85-2191, respondent New York Attorney General Robert Abrams appeals from a judgment of the United States District Court...

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