PEOPLE v. CARILLO


9 A.D.3d 333 (2004)

780 N.Y.S.2d 143

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CARILLO, Appellant.

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

July 29, 2004.


Defendant was convicted of selling one bag of cocaine to an undercover officer. On appeal, he argues that the trial court erroneously denied his Batson challenge with respect to the prosecution's exercise of peremptory challenges to exclude two Hispanic prospective jurors. We find that defendant has demonstrated that the prosecutor's peremptory challenge as to one of the two Hispanic jurors was based on an impermissible discriminatory motive, and therefore, we reverse...

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