PEOPLE v. HAWTHORNE


80 N.Y.2d 873 (1992)

The People of the State of New York, Respondent, v. Rudolph Hawthorne, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1992.


Attorney(s) appearing for the Case

Eve Kessler and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney (Emil Bricker of counsel), for respondent.

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


MEMORANDUM.

The Appellate Division order should be modified by remitting to Supreme Court, Queens County, for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Defendant — pointing to the fact that the prosecutor peremptorily challenged four of the six African-American members of the venire — contends that he has made a prima facie showing that the prosecution exercised...

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