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PEOPLE v. MURIALE

138 Misc.2d 1056 (1988)

The People of the State of New York, Plaintiff, v. Cosmo Muriale, Defendant.

Supreme Court, Kings County.

March 9, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Daniel Saunders, Barbara D. Underwood, Peter A. Weinstein and Victor Barall of counsel), for plaintiff. Maurice H. Sercarz for defendant.

MICHAEL R. JUVILER, J.

I. THE QUESTION PRESENTED

In Batson v Kentucky (476 U.S. 79 [1986]), the Supreme Court of the United States reaffirmed that the Equal Protection Clause of the Fourteenth Amendment forbids a prosecutor at a criminal trial from using peremptory challenges to exclude black potential jurors solely on the basis of race or on the assumption...

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