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PEOPLE v. SMITH

251 A.D.2d 355 (1998)

673 N.Y.S.2d 716

The People of the State of New York, Respondent, v. Kenneth Smith, Appellant

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

June 1, 1998

Ordered that the judgment is affirmed.

After the third round of jury selection, the prosecutor raised a Batson claim (see, Batson v Kentucky, 476 U.S. 79), objecting that the defense had used 13 of its 14 challenges to exclude white jurors. The court asked the defense counsel to supply reasons for his last two challenges to white jurors. With respect to the juror at issue here, the defense counsel merely offered...

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