PEOPLE v. KINARD


151 A.D.2d 963 (1989)

The People of the State of New York, Respondent, v. Curtis Kinard, Appellant

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

June 2, 1989


Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.

Memorandum:

Under the facts of this case, defendant is not precluded from raising the issue of the discriminatory exercise of peremptory challenges by the prosecution for the first time on appeal. The issue had been raised at trial by a codefendant and the record indicates that four potential veniremen who are black were peremptorily excused by the prosecutor...

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