PEOPLE v. DAVIS


269 A.D.2d 463 (2000)

704 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK DAVIS, Appellant.

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

Decided February 14, 2000.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

During the first round of voir dire, after the People and the defense counsel made their peremptory challenges, the defense counsel raised a successful Batson challenge to one of the People's peremptory challenges. The Supreme Court committed reversible error by then permitting the People to exercise an additional peremptory challenge (see, CPL 270.15 [2]; People v Alston...

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