PEOPLE v. HERNANDEZ


75 N.Y.2d 350 (1990)

The People of the State of New York, Respondent, v. Dionisio Hernandez, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1990.


Attorney(s) appearing for the Case

Robert M. Pitler and Daniel E. Rosenfeld for appellant.

Charles J. Hynes, District Attorney (Carol Teague Schwartzkopf and Barbara D. Underwood of counsel), for respondent.

Guy C. Quinlan, Kenneth Kimerling and Kathleen A. Murray for Puerto Rican Legal Defense and Education Fund, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS and TITONE concur with Judge BELLACOSA; Judge TITONE concurs in a separate opinion; Judge KAYE dissents and votes to reverse in another opinion in which Judge HANCOCK, JR., concurs; Judge ALEXANDER taking no part.


BELLACOSA, J.

Defendant's essential argument attacks the judgment of conviction as having been secured in violation of his equal protection rights because, as he asserts, the prosecution discriminatorily exercised its peremptory challenges to exclude two Latino persons from the jury that ultimately found him guilty of two counts each of attempted murder and criminal...

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