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PEOPLE v. STEELE

171 A.D.2d 599 (1991)

The People of the State of New York, Respondent, v. Marlene Steele, Appellant

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

March 26, 1991

Defendant contends that the prosecutor excluded black jurors from the petit jury solely on the basis of race in violation of Batson v Kentucky (476 U.S. 79). The prosecutor herein exercised only 4 out of 10 peremptory challenges. While 3 of those challenges were exercised against black persons, 3 other black persons were not challenged by the prosecutor and ultimately served on the jury. Under these circumstances, there was no prima...

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