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PEOPLE v. DAVIS

253 A.D.2d 634 (1998)

677 N.Y.S.2d 541

The People of the State of New York, Respondent, v. Carl Davis, Appellant

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

September 10, 1998

Of the six black prospective jurors in the jury pool for this trial, one was excused for cause by the People, one was excused for cause by defendant and four were peremptorily challenged by the People. After 12 jurors were sworn, but before the alternate jurors were chosen, defense counsel moved for a mistrial pursuant to Batson v Kentucky (476 U.S. 79). Counsel argued that the prosecutor had used his peremptory challenges so as to exclude...

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