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PEOPLE v. LOZADO

303 A.D.2d 270 (2003)

755 N.Y.S.2d 611

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN LOZADO, Appellant.

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

Decided March 20, 2003.

The People's reverse-Batson application (Batson v Kentucky, 476 U.S. 79 [1986]; People v Kern, 75 N.Y.2d 638 [1990], cert denied 498 U.S. 824 [1990]) was properly granted. The record supports the court's determination that the reasons provided by defense counsel with respect to her peremptory challenges of three prospective jurors were pretextual. Such a finding is entitled to...

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