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PEOPLE v. BARLOW

148 A.D.2d 739 (1989)

The People of the State of New York, Respondent, v. John Barlow, Appellant

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

March 27, 1989

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor improperly used peremptory challenges to exclude prospective black jurors (see, Batson v Kentucky, 476 U.S. 79). However, having examined the circumstances here, we agree with the trial court that the defendant failed to establish any evidence of systematic exclusion. The court discerned nothing in the prosecutor's questions and remarks during...

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