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PEOPLE v. GONZALEZ

212 A.D.2d 436 (1995)

622 N.Y.S.2d 715

The People of the State of New York, Respondent, v. Nelson Gonzalez, Appellant

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

February 16, 1995

Defendant's contention that the IAS Court accepted a pre-textual reason for the exclusion of a prospective black juror is without merit. Defense counsel's "sketchy assertions" did not establish a basis for relief; counsel merely stated that "as I recall those [three of the excluded prospective jurors] are all the black men on this * * * panel", without factually establishing on the record whether this assertion was true or what...

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