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PEOPLE v. DIXON

202 A.D.2d 12 (1994)

The People of the State of New York, Respondent, v. Kevin Dixon, Appellant

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

August 15, 1994

Attorney(s) appearing for the Case

Kevin Dixon, pro se, and Philip L. Weinstein, New York City (Steven M. Statsinger and Richard Joselson of counsel), for Kevin Dixon, appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Jay M. Cohen and Eugene Lopez of counsel), for respondent.

SULLIVAN, ROSENBLATT and MILLER, JJ., concur.

BRACKEN, J. P.

In a criminal case, neither the prosecutor nor the attorney for the defendant may, through the exercise of peremptory challenges, seek to exclude the members of a "cognizable group" from the jury which is ultimately to be selected and which is ultimately to decide the defendant's fate (see, Batson v Kentucky, 476 U.S. 79; Georgia v McCollum,...

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