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PEOPLE v. MALBON

144 A.D.2d 698 (1988)

The People of the State of New York, Respondent, v. Johnnie Malbon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1988

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's contention that the prosecutor improperly used peremptory challenges to exclude blacks from the jury is not preserved for appellate review (cf., People v Scott, 70 N.Y.2d 420). In any event, we find that he has failed to establish a prima facie case...

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