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PEOPLE v. BOWEN

286 A.D.2d 645 (2001)

730 N.Y.S.2d 436

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT BOWEN, Appellant.

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

Decided September 27, 2001.

The record clearly 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 make a prima facie showing of racial discrimination. After the court made a finding that no prima facie case had been established, the prosecutor nevertheless volunteered race-neutral explanations for the challenges at issue and the court found them to be non-pretextual...

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