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PEOPLE v. GRATE

24 A.D.3d 797 (2005)

807 N.Y.S.2d 134

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL GRATE, Appellant.

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

December 27, 2005.

Ordered that the application is denied.

In view of the hearing testimony, we agree with the County Court's implicit finding that the prosecutor satisfied his burden of rebutting the prima facie case of purposeful discrimination during jury selection by articulating clear, specific, and race-neutral explanations for the exercise of his peremptory challenges, and that the defendant failed to demonstrate that the race-neutral...

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