PEOPLE v. YING


236 A.D.2d 630 (1997)

654 N.Y.S.2d 389

The People of the State of New York, Respondent, v. Liang Jun Ying, Appellant

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

February 24, 1997


Ordered that the judgment is reversed, and a new trial is ordered, to be preceded by a new Wade/Dunaway hearing.

During the first round of voir dire, the prosecutor peremptorily challenged the only member of the venire who was from an Asian background. The defense raised a Batson challenge, and the court found that the defense made a prima facie showing of purposeful discrimination by the People. While the prosecutor initially opposed this finding, she...

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