PEOPLE v. KAPLAN


176 A.D.2d 821 (1991)

The People of the State of New York, Respondent, v. Richard C. Kaplan, Appellant

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

October 15, 1991


Ordered that the judgment is affirmed.

The defendant contends that the prosecution discriminatorily exercised its peremptory challenges to exclude two potential jurors with Jewish-sounding names and two potential alternate jurors who were black. In each of the four instances, at the request of the defense counsel, the Trial Judge asked the prosecutor for an explanation and thereafter allowed the peremptory challenges to stand. A Trial Judge's determination that peremptory...

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