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PEOPLE v. PACHECO

308 A.D.2d 403 (2003)

764 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL PACHECO, Appellant.

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

Decided September 25, 2003.

The court properly granted the People's application, and denied defendant's application, made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). We note initially that as to both sides' applications, the issue of whether a prima facie case of discrimination was established is moot because, in each instance, the court proceeded to the second and third Batson steps and ruled on the ultimate issue of discrimination (People v...

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