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PEOPLE v. SMITH

81 N.Y.2d 875 (1993)

The People of the State of New York, Respondent, v. Patricia Smith, Also Known as Vanessa Haywood, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Daniel Hsiung, New York City, and Philip L. Weinstein, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan H. Odessky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant failed to meet her burden of showing a purposeful discrimination by the prosecution in the exercise of two of its peremptory challenges (see, Batson v Kentucky, 476 U.S. 79; People v Jenkins, 75 N.Y.2d 550; People v Bolling, 79...

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