PEOPLE v. MACHADO


46 A.D.3d 370 (2007)

847 N.Y.S.2d 567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MACHADO, Appellant.

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

Decided December 18, 2007.


The court properly denied defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]). The prosecutor's stated reason for challenging one of the panelists at issue was that the panelist, unlike the other panelists, gave an equivocal answer to a question about his ability to be fair. The record supports the court's finding that this nondiscriminatory reason was not pretextual, and this finding is entitled to great deference...

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