PEOPLE v. GRAY

2007-00461

68 A.D.3d 1131 (2009)

2009 NY Slip Op 9675

892 N.Y.S.2d 455

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRELL GRAY, Appellant.

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

Decided December 22, 2009.


Ordered that the matter is remitted to the County Court, Suffolk County, to hear and report on the defendant's challenge to the prosecutor's exercise of a peremptory challenge against a black venireperson, and the appeal is held in abeyance in the interim. The County Court, Suffolk County, shall file its report with all convenient speed.

During the first round of jury selection, the prosecutor used a peremptory challenge to strike the only black venireperson from...

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