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PEOPLE v. RAMOS

2009-06395

91 A.D.3d 674 (2012)

936 N.Y.S.2d 552

2012 NY Slip Op 229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RAMOS, Appellant.

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

Decided January 10, 2012.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Contrary to the People's contention, the defendant's claim regarding the denial of his application pursuant to Batson v Kentucky (476 U.S. 79 [1986]) is preserved for appellate review (see People v Davis, 253 A.D.2d 634, 635 [1998]; cf. People v Smocum, 99 N.Y.2d 418

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