PEOPLE v. SMOCUM


99 N.Y.2d 418 (2003)

786 N.E.2d 1275

757 N.Y.S.2d 239

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SMOCUM, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 2003.


Attorney(s) appearing for the Case

Alan S. Axelrod, New York City, and Andrew C. Fine for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Jacqueline M. Linares and Leonard Joblove of counsel), for respondent.

Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

Chief Judge KAYE.

This appeal spotlights the three-step test for determining whether peremptory challenges have been used to exclude potential jurors on account of race (see Batson v Kentucky, 476 U.S. 79, 94-98 [1986]). As a first step, the moving party bears the burden of establishing a prima facie case of discrimination in the exercise of peremptory...

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