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PEOPLE v. ROSADO

856, M-1401.

2008 NY Slip Op 06351

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE ROSADO, Defendant-Appellant.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Before: Tom, J.P., Mazzarelli, Gonzalez, McGuire, JJ.

Pursuant to our remand directing further proceedings to allow the People an opportunity to offer ethnicity-neutral reasons for their exercise of peremptory challenges (45 A.D.3d 508 [2007]), Supreme Court held a hearing at which the prosecutor proffered reasons for the subject challenges that the court concluded were facially neutral and not pretextual. The court's findings at the hearing, which rested upon its assessment of the prosecutor...

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