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HOLTZMAN v. SUPREME CT.

139 Misc.2d 109 (1988)

Elizabeth Holtzman, as District Attorney of Kings County, Plaintiff, v. Supreme Court of the State of New York, County of Kings, et al., Defendants.

Supreme Court, Westchester County.

March 7, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, pro se, and Barbara Underwood for Elizabeth Holtzman, plaintiff. Robert Abrams, Attorney-General (Abigail I. Petersen of counsel), for defendants. Caesar D. Cirigliano, Arnold S. Cohen and Laura J. Miller for Legal Aid Society, Criminal Defense Division, amicus curiae. Flamhaft Levy Kamins Hirsch & Booth (Barry Kamins of counsel), for Kings County Criminal Bar Association and another, amici curiae.

PETER P. ROSATO, J.

Plaintiff Holtzman, in her official capacity as District Attorney of Kings County, seeks a judgment pursuant to CPLR 3001, (1) declaring that both the United States and New York State Constitutions prohibit defense counsel from exercising "race-based" peremptory challenges, i.e., using peremptory challenges to exclude prospective jurors on the basis of race, or for that matter, on the basis...

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