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PEOPLE v. JAMES

59 A.D.3d 217 (2009)

874 N.Y.S.2d 24

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICAH JAMES, Appellant.

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

Decided February 10, 2009.

The court properly denied defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Immediately after the court mentioned the location of the crime, the panelist at issue spontaneously volunteered that she lived in that area. Although the panelist then assured the court that this would not be a problem, the prosecutor later explained that he challenged this panelist because she had initially volunteered her concern...

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