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PEOPLE v. LUCIANO

44 A.D.3d 123 (2007)

840 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN LUCIANO, Appellant.

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

August 2, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Carol A. Zeldin of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio and Stanley R. Kaplan of counsel), for respondent.

TOM, J.P., SULLIVAN, WILLIAMS and BUCKLEY, JJ., concur.

OPINION OF THE COURT

MALONE, J.

In this case of apparent first impression, we are asked to determine, in a situation where the use of peremptory challenges is found to be discriminatory, known as a Batson or reverse-Batson violation (Batson v Kentucky, 476 U.S. 79 [1986]), whether forfeiture of the peremptory challenges used to unsuccessfully strike the prospective jurors is an appropriate remedy. In the...

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