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PEOPLE v. LOPEZ

284 A.D.2d 115 (2001)

725 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH LOPEZ, Appellant.

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

Decided June 5, 2001.

The trial court erred here in its ruling pertaining to the Batson v Kentucky (476 U.S. 79) issue. After the prosecutor exercised peremptory challenges to remove three of four black prospective jurors in the first three rounds of jury selection, defense counsel made a Batson objection, noting that the challenged jurors had not indicated that they would have any problem judging the case fairly. Pursuant to the three-step test set...

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