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PEOPLE v. SAMMS

2007-07645

83 A.D.3d 1099 (2011)

921 N.Y.S.2d 317

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SAMMS, Appellant.

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

Decided April 26, 2011.

Ordered that the judgment is affirmed.

The determination at stage three of the Batson inquiry (see Batson v Kentucky, 476 U.S. 79 [1986]; People v Wells, 7 N.Y.3d 51, 58 [2006]), whether a facially valid reason for challenging a prospective juror is genuine or pretextual, is purely an issue of fact (see Miller-El v Cockrell, 537 U.S. 322...

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