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PEOPLE v. FORTUNATO

59 A.D.3d 735 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS FORTUNATO, Also Known as GEORGE NAVAS, Also Known as LEWIS JOHNSON, Appellant.

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

Decided February 24, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly granted the People's reverse Batson-Kern application (see Batson v Kentucky, 476 U.S. 79 [1986]; People v Kern, 75 N.Y.2d 638 [1990]). The court's determination that the facially race-neutral reasons proffered by defense counsel to explain the two peremptory challenges in...

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