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GATES v. GOLDSTEIN, M.D.

303 A.D.2d 163 (2003)

754 N.Y.S.2d 882

ELBERT N. GATES, Appellant, v. PAUL GOLDSTEIN, M.D., et al., Respondent.

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

Decided March 4, 2003.

The record demonstrates that the trial court did not exhibit any bias.

The trial court properly denied plaintiff's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). The record supports the court's finding that the race-neutral reasons offered by defendant were not pretextual, and that finding is entitled to great deference, particularly where the assessment turns on the credibility of the party exercising the...

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