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PEOPLE v. LERRELBOUSE

287 A.D.2d 314 (2001)

731 N.Y.S.2d 369

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILCIADES LERRELBOUSE, Appellant.

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

Decided October 16, 2001.

Defendant's application pursuant to Batson v Kentucky (476 U.S. 79) was properly denied. Batson held that a prosecutor's use of peremptory challenges cannot be based "solely on account of [potential jurors'] race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant." (Id. at 89.) There is no proof in this record that the prosecutor used race...

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