PEOPLE v. KERN


75 N.Y.2d 638 (1990)

The People of the State of New York, Respondent, v. Scott Kern, Jason Ladone and Jon Lester, Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1990.


Attorney(s) appearing for the Case

Charles L. Weintraub, Susan C. Wolfe, John L. Pollok, Edward Gasthalter and Michael H. Gold for appellants.

Helman R. Brook, Special State Prosecutor (Arthur G. Weinstein and Matthew S. Greenberg of counsel), for respondent.

Arnold S. Cohen for The Legal Aid Society, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


ALEXANDER, J.

On this appeal, defendants assert a right, through the mechanism of the peremptory challenge, to exclude persons of a particular race from service on a criminal jury. We hold today that such racial discrimination has no place in our courtrooms and that such conduct by defense counsel is prohibited by both the Civil Rights Clause and the Equal Protection...

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