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PEOPLE v. WATSON

4033/09. 15595.

169 A.D.3d 81 (2019)

91 N.Y.S.3d 52

2019 NY Slip Op 00217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAEQUAWN WATSON, Appellant.

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

Decided January 10, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Jody Ratner of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight and Peter D. Coddington of counsel), for respondent.

GISCHE and MAZZARELLI, JJ., concur with MANZANET-DANIELS, J.; FRIEDMAN, J.P., dissents in an opinion; RICHTER, J., dissents in an opinion.

OPINION OF THE COURT

On the prior appeal (141 A.D.3d 23 [1st Dept 2016]), we held that the trial court failed to follow the three-part protocol set forth in Batson v Kentucky (476 U.S. 79 [1986]), thus precluding us from determining whether...

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