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HOWARD v. SENKOWSKI

No. 305, Docket 92-2289.

986 F.2d 24 (1993)

Clifford HOWARD, Petitioner-Appellant, v. Daniel A. SENKOWSKI, Superintendent of Clinton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Brian P. Schechter, Hempstead, N.Y. (Matthew Muraskin, Kent V. Moston, Alfred O'Connor, on the brief), for petitioner-appellant.

John F. McGlynn, Asst. Dist. Atty., Mineola, N.Y. (Denis Dillon, Dist. Atty., Peter A. Weinstein, Asst. Dist. Atty., on the brief), for respondent-appellee.

Before OAKES, NEWMAN, and MAHONEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents an issue concerning the application of the Batson rule barring discriminatory use of peremptory challenges. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The precise issue is whether in the infrequent case where a court finds that race was a factor in a prosecutor's exercise of peremptory challenges, the dual motivation principle applies such...

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