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PEOPLE v. SMITH

196 A.D.2d 559 (1993)

601 N.Y.S.2d 142

The People of the State of New York, Respondent, v. Derrick Smith, Also Known as Walter Jones, Also Known as Jason Jones, Appellant

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

August 9, 1993

Ordered that the judgment is affirmed.

The prosecutor exercised 5 of his 12 peremptory challenges against black venirepersons. The trial court seated one of these black venirepersons notwithstanding the prosecutor's challenge, and with respect to another, the prosecutor offered a race-neutral reason for removal. Considering that the prosecutor peremptorily removed more white prospective jurors than he did black prospective jurors and considering all the other facts...

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