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PEOPLE v. LUMPKIN

213 A.D.2d 269 (1995)

624 N.Y.S.2d 821

The People of the State of New York, Respondent, v. Kenneth Lumpkin, Appellant

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

March 21, 1995

The court properly disallowed a peremptory challenge by the defense. After the People undisputedly made out a prima facie case of racial discrimination, the court found that defendant's purported race-neutral explanation for his challenge of a juror was pretextual, and that factual finding is entitled to great deference (People v Hernandez, 75 N.Y.2d 350, 356-357, affd 500 U.S. 352).

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