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PEOPLE v. FREDERICK

30 A.D.3d 346 (2006)

817 N.Y.S.2d 287

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FREDERICK, Appellant.

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

June 29, 2006.

The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). The record supports the court's determination that defendant did not make the necessary prima facie showing (see People v Brown, 97 N.Y.2d 500, 507-508 [2002]). Even assuming that a panelist whose ethnicity was in dispute was, in fact, African-American, we conclude that defendant's statistical...

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