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STATE v. PRUITT

Docket No. A-1343-11T2

63 A.3d 1225 (2013)

430 N.J. Super. 261

STATE of New Jersey, Plaintiff-Respondent, v. Markees PRUITT a/k/a Pruitt Kees, Pruitt Markess D, Pruitt Markees D, Pruitt Markees, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 2013.

Attorney(s) appearing for the Case

Jason A. Coe , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Coe , of counsel and on the brief).

John Vincent Molitor , Assistant Prosecutor, argued the cause for respondent ( Robert L. Taylor , Cape May County Prosecutor, attorney; Mr. Molitor , of counsel and on the brief).

Before Judges SAPP-PETERSON, HAAS and HAPPAS.

The opinion of the court was delivered by

HAAS, J.S.C. (temporarily assigned).

In this appeal, we address the issue of whether the prosecutor's use of a peremptory challenge to excuse the only qualified African-American person in the jury panel was sufficient to require the prosecutor to provide a non-discriminatory explanation for the exercise of the challenge. After reviewing the record in light of the contentions advanced on appeal, we hold that because...

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