PEOPLE v. HECKER

No. 184

15 N.Y.3d 625 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH HECKER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY GUARDINO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC HOLLIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL BLACK, Appellant.

Court of Appeals of New York.

Decided November 30, 2010.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Robert S. Dean of counsel), for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ellen Stanfield Friedman and Sylvia Wertheimer of counsel), for respondent in the first above-entitled action.

Peluso & Touger, LLP, New York City ( David Touger of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Amyjane Rettew of counsel), for respondent in the second above-entitled action.

Wachtell, Lipton, Rosen & Katz, New York City ( Meredith L. Turner of counsel) and Office of the Appellate Defender ( Richard M. Greenberg and Daniel A. Warshawsky of counsel) for appellant in the third above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared Wolkowitz , Amyjane Rettew and Gina Mignola of counsel), for respondent in the third above-entitled action.

Jamel Black , appellant pro se in the fourth above-entitled action.

William G. Kastin , New York City, and Lynn W.L. Fahey for appellant in the fourth above-entitled action.

Charles J. Hynes , District Attorney, Brooklyn ( Seth M. Lieberman , Leonard Joblove and Victor Barall of counsel), for respondent in the fourth above-entitled action.

New York Civil Liberties Union Foundation, New York City ( Andrew L. Kalloch , Corey Stoughton and Arthur Eisenberg of counsel), and Association of the Bar of the City of New York ( Karen A. Newirth of counsel) for New York Civil Liberties Union and another, amici curiae in the fourth above-entitled action.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in a separate opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

CIPARICK, J.

In Batson v Kentucky, the United States Supreme Court formulated a three-step test to assess whether peremptory challenges have been used by a party to exclude potential jurors on the basis of race (see 476 U.S. 79, 94-98 [1986]). These four appeals, once again, center on the application of this now-familiar three-step Batson protocol. At step one, "the moving party...

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