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PEOPLE v. GARY M.

138 Misc.2d 1081 (1988)

The People of the State of New York, Plaintiff, v. Gary M., Defendant.

Supreme Court, Kings County.

March 10, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Adrienne Rabinowitz of counsel), for plaintiff. Mitchell Schuman for defendant.

HERBERT KRAMER, J.

Can a minority defendant use his peremptory challenges to discriminate against majority jurors?2 Put another way, does Batson v Kentucky (476 U.S. 79) apply to defendants? Other important issues necessary for determination are: (1) whether the government is entitled to a trial by jury composed of a fair cross section of...

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