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PEOPLE v. MIRANDA

220 A.D.2d 459 (1995)

631 N.Y.S.2d 872

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

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

October 2, 1995

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

A peremptory challenge "is an objection to a prospective juror for which no reason need be assigned" (CPL 270.25 [1]). Since a party need give no reason at all for the exercise of a peremptory challenge, the initial burden falls on the party opposing the strike to make out a prima facie case that the challenge was exercised for an impermissible reason (People v Allen,

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