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PEOPLE v. RODRIGUEZ

211 A.D.2d 275 (1995)

The People of the State of New York, Respondent, v. Aniel Rodriguez, Also Known as Anibal Rodriguez, Appellant

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

May 23, 1995

Attorney(s) appearing for the Case

Risa Gerson of counsel, New York City (Philip L. Weinstein, attorney), for appellant.

Gina D'Angelica of counsel, Bronx (Billie Manning on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

ASCH and RUBIN, JJ., concur with ELLERIN, J. P.; KUPFERMAN, J., dissents in a separate opinion.

ELLERIN, J. P.

At issue in this case is a Batson challenge asserted by defendant and the credibility of the "race-neutral" reasons offered by the prosecution.

While a qualitative analysis of the reasons offered in support of particular peremptory challenges involves a variety of subjective considerations, the validity of which are usually best left for determination by the Trial Judge who has...

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