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PEOPLE v. MARCUS

2011-00271.

101 A.D.3d 1046 (2012)

956 N.Y.S.2d 167

2012 NY Slip Op 8768

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

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

December 19, 2012.

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

In Batson v Kentucky (476 U.S. 79, 94-98 [1986]), the United States Supreme Court formulated a three-step test to assess whether peremptory challenges have been used to exclude potential jurors on the basis of race, gender, or other protected categories (see People v Smocum, 99 N...

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