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PEOPLE v. MALAVE

10235-10236, 1795/09.

106 A.D.3d 657 (2013)

966 N.Y.S.2d 74

2013 NY Slip Op 3915

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARRETH MALAVE, Appellant.

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

Decided May 30, 2013.

The court properly denied defendant's application made pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Defendant did not produce "evidence sufficient to permit the trial judge to draw an inference that discrimination ha[d] occurred" (Johnson v California, 545 U.S. 162, 170 [2005]), and thus failed to make a prima facie showing of gender discrimination in the People's exercise of their peremptory...

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