PEOPLE v. PEARSON


195 A.D.2d 576 (1993)

601 N.Y.S.2d 835

The People of the State of New York, Respondent, v. John Pearson, Appellant

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

July 19, 1993


Ordered that the judgment is affirmed.

It is now well-settled that the racially motivated use of peremptory challenges violates both the State and Federal Constitutions (see, Batson v Kentucky, 476 U.S. 79; People v Childress, 81 N.Y.2d 263). However, before availing oneself of the constitutional protections afforded by Batson and its progeny,

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