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PEOPLE v. BARETTA

11 A.D.3d 329 (2004)

782 N.Y.S.2d 739

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISIDORE BARETTA, Appellant.

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

October 19, 2004.

The court erroneously concluded that Batson v Kentucky (476 U.S. 79 [1986]) does not apply to discrimination against males (see J.E.B. v Alabama ex rel. T.B., 511 U.S. 127, 141-142 [1994]). However, the record is clear that the court, which employed the phrase "in any event," made an alternative ruling that defendant failed to establish a prima facie case of discrimination. The court correctly concluded...

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