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PEOPLE v. OCASIO

253 A.D.2d 720 (1998)

678 N.Y.S.2d 257

The People of the State of New York, Respondent, v. Raymond Ocasio, Appellant

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

September 29, 1998

The Batson colloquy demonstrates that defendant failed to make a prima facie showing that the People's peremptory challenge in question was motivated by a discriminatory intent (People v Bolling, 79 N.Y.2d 317, 325). The issue of whether a prima facie showing was made is not moot (see, Hernandez v New York, 500 U.S. 352, 359). Although the court did ask the People for an explanation...

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