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PEOPLE v. FENNELL

231 A.D.2d 475 (1996)

647 N.Y.S.2d 469

The People of the State of New York, Respondent, v. William Fennell, Appellant

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

September 26, 1996

The record supports the trial court's conclusion that defense counsel's peremptory challenges violated Batson v Kentucky (476 U.S. 79). The trial court's resolution of the "step three pretext determination" (People v Payne, 88 N.Y.2d 172, 183) turned on the court's assessment of defense counsel's credibility and is entitled to deference by this Court on appeal (People v Mancini,

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