PEOPLE v. GARCIA


163 Misc.2d 245 (1994)

620 N.Y.S.2d 237

The People of the State of New York, Plaintiff, v. Jose Garcia, Defendant.

Supreme Court, Bronx County.

November 15, 1994


Attorney(s) appearing for the Case

Martin Goldberg for defendant. Robert T. Johnson, District Attorney of Bronx County (Mikko Red Arrow of counsel), for plaintiff.


DAVID STADTMAUER, J.

May a prospective juror be peremptorily challenged because of "bad English?"

The defendant is a Hispanic male who stands accused of the crime of murder in the second degree. During the course of jury selection, defense counsel peremptorily challenged six white non-Hispanic venirepersons. Defense counsel now seeks to exercise a similar challenge against a white female prospective...

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