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PEOPLE v. FOGLE

260 A.D.2d 503 (1999)

688 N.Y.S.2d 213

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FOGLE, Appellant.

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

Decided April 12, 1999.

Ordered that the judgment is affirmed.

The racially-motivated use of peremptory challenges violates the Equal Protection Clause of both the State and Federal Constitutions whether they are made by the defense or the prosecution (see, Hernandez v New York, 500 U.S. 352; Batson v Kentucky, 476 U.S. 79; People v Kern, 75 N.Y.2d 638). Here, after the...

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