PEOPLE v. FRAZIER

14158, 267/11, 14157.

125 A.D.3d 449 (2015)

2 N.Y.S.3d 470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAKEEM FRAZIER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA MOODY, Appellant.

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

Decided February 5, 2015.


In determining defendants' Batson application, the court did not follow the standard protocols, and it prematurely terminated the proceeding. Although the court did not make a specific ruling that defendants satisfied step one of Batson (prima facie case of discrimination), once it ordered the prosecutor to provide the reasons for his peremptory challenges to two of the six panelists who were the subject of defendants' application, it should have required the...

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