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PEOPLE v. SERRANO

49 A.D.3d 333 (2008)

854 N.Y.S.2d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASSIA SERRANO, Appellant.

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

Decided March 11, 2008.

Defendant did not preserve her present claim, made pursuant to Batson v Kentucky (476 U.S. 79 [1986]), that the court failed to seat a panelist who had been excused after the People exercised a peremptory challenge against her. Defendant made a Batson application the day after the panelist was excused, and when the court granted the application to the extent of seating certain other panelists, defendant failed to request that...

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