PEOPLE v. JENKINS


145 A.D.2d 225 (1989)

The People of the State of New York, Respondent, v. Alexander Jenkins, Appellant

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

February 23, 1989


Attorney(s) appearing for the Case

Jonathan R. Walsh of counsel (Billie Manning with him on the brief; Paul T. Gentile, attorney), for respondent.

James A. Cohen for appellant.

KUPFERMAN, J. P., and CARRO, J., concur with SMITH, J.; SULLIVAN, J., dissents in a separate opinion; ROSS, J., concurs in part and dissents in part in a separate opinion.


SMITH, J.

The pivotal question raised by this appeal concerns the retroactive application of Batson v Kentucky (476 U.S. 79 [1986]) and whether at trial the defendant made a prima facie showing of purposeful discrimination by the prosecutor in her exercise of peremptory challenges to exclude potential black jurors.

By indictment filed on March 28, 1979, defendant...

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