PEOPLE v. STEPHENS


255 A.D.2d 532 (1998)

682 N.Y.S.2d 398

The People of the State of New York, Respondent, v. Shawn Stephens, Also Known as Shawn Stephen, Also Known as Stephen Shawn, Appellant

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

November 23, 1998


Ordered that the judgment is affirmed.

After the parties selected a jury and two alternates, the court determined that it would use a third alternate, and suggested that prospective Juror 15 (incorrectly noted as Juror 13), a black woman, fill this role. The prosecutor then exercised a peremptory challenge as to Juror 15. Thereafter, the defense counsel asserted several Batson objections (see, Batson v Kentucky, 476 U.S. 79

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