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PEOPLE v. CARTER

289 A.D.2d 41 (2001)

733 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN CARTER, Appellant.

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

Decided December 6, 2001.

The record establishes that the basis for the court's denial of defendant's application made pursuant to Batson v Kentucky (476 U.S. 79) was defendant's failure to establish that the prosecutor's proffered explanation for challenging the venireperson at issue was pretextual. The court implicitly accepted the prosecutor's observation that, through her demeanor, the venireperson exhibited an unfavorable attitude toward the prosecution...

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