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PEOPLE v. FRYE

191 A.D.2d 581 (1993)

595 N.Y.S.2d 84

The People of the State of New York, Respondent, v. Marcus Frye, Appellant

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

March 15, 1993

Ordered that the judgment is modified, on the law, by reducing the indeterminate term of imprisonment imposed on the conviction of attempted murder in the second degree from 12-½ to 25 years imprisonment to 8-1/3 to 25 years imprisonment; as so modified, the judgment is affirmed.

We agree with the trial court that the prosecutor's peremptory challenges were sufficient to raise an inference of purposeful discrimination (see, Batson v Kentucky,

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