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PEOPLE v. ROBINSON

2008-09878.C

75 A.D.3d 566 (2010)

903 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNN GEORGE ROBINSON, Appellant.

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

Decided July 13, 2010.

Ordered that judgment is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The Supreme Court properly denied the defendant's Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986]) based on gender discrimination as to four female jurors. Under Batson, a peremptory challenge to a prospective juror based on gender violates the Equal...

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