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PEOPLE v. PAGANO

207 A.D.2d 685 (1994)

616 N.Y.S.2d 366

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

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

September 8, 1994

We find that the verdict was not based on legally insufficient evidence, nor against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490).

By the end of the second round of jury selection, the People had used six peremptory challenges, five of which eliminated five of the six available Caucasian panelists. Defendant, a Caucasian, therefore established a prima facie case of discrimination, and the court properly obtained...

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