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PEOPLE v. NIEVES

275 A.D.2d 243 (2000)

713 N.Y.S.2d 117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE NIEVES, Appellant.

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

Decided August 17, 2000.

The court properly found that certain peremptory challenges by defendant were in violation of Batson v Kentucky (476 U.S. 79). Defendant's claim that the prosecutor failed to establish a prima facie case of purposeful gender discrimination is academic, because the court requested gender-neutral reasons for the challenges and ruled on the ultimate issue of intentional discrimination (People v Payne, 88 N.Y.2d 172...

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