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PEOPLE v. CARDWELL

255 A.D.2d 451 (1998)

680 N.Y.S.2d 598

The People of the State of New York, Respondent, v. George Cardwell, Appellant

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

November 16, 1998

Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's Batson challenge, and if the defendant makes a prima facie showing of a purposeful exclusion of a black venireperson, then to hear and report on the prosecutor's exercise of peremptory challenges, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.

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