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PEOPLE v. RIVERS

281 A.D.2d 342 (2001)

722 N.Y.S.2d 520

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RIVERS, Appellant.

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

Decided March 27, 2001.

Defendant challenges rulings made by the court pursuant to Batson v Kentucky (476 U.S. 79), in which the court refused to disallow peremptory challenges by the People and disallowed a peremptory challenge by the defense. However, after making its final Batson ruling the court offered to declare a mistrial and begin jury selection anew. Since defendant rejected this offer, which would have provided a reasonable remedy for all of...

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