MATTER OF MORTILLARO v. POSNER


147 A.D.2d 701 (1989)

In the Matter of Silvestro Mortillaro, Petitioner, v. Herbert Posner et al., Respondents

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

February 27, 1989


Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed.

Following an adverse ruling as to the propriety of a peremptory challenge exercised by the prosecutor (see generally, Batson v Kentucky, 476 U.S. 79), after which the trial court seated the challenged juror, had the jury sworn and issued its preliminary instructions, the prosecutor willfully refused to deliver an opening...

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