Ordered that the case is remitted to the Supreme Court, Kings County, to hear and report on the prosecutor's exercise of peremptory challenges, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
The defendant established a prima facie case of purposeful discrimination in jury selection by the prosecutor, who exercised 50% of her peremptory challenges to strike seven of nine available prospective black...
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