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PEOPLE v. GARCIA

217 A.D.2d 119 (1995)

636 N.Y.S.2d 370

The People of the State of New York, Respondent, v. Robert Garcia, Appellant

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

December 29, 1995

Attorney(s) appearing for the Case

Ellis & Associates, New York City (Robert J. Ellis, Jr., of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Ruth E. Ross and Gerard J. McEnroe of counsel), for respondent.

BRACKEN, J. P., BALLETTA and COPERTINO, JJ., concur.

HART, J.

The issue to be decided on this appeal is whether black females are protected from being peremptorily challenged on a discriminatory basis under Batson v Kentucky (476 U.S. 79) and People v Allen (86 N.Y.2d 101). We conclude that they are.

The defendant was charged with attempted murder in the second degree, assault...

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