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PEOPLE v. IRVIN

Ind. No. 4884/15. Appeal No. 11918. Case. No. 2018-2217.

187 A.D.3d 417 (2020)

129 N.Y.S.3d 766

2020 NY Slip Op 05299

The People of the State of New York, Respondent, v. Lature Irvin, Sr., Appellant.

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

Decided October 1, 2020.

The court properly denied defendant's application pursuant to Batson v Kentucky (476 U.S. 79 [1986]). Defendant has not established that, on this particular record, the reason given by the prosecutor for a certain peremptory challenge actually reflected a racial stereotype. Accordingly, the court correctly determined that the prosecutor provided race-neutral reasons for all the challenges at issue. The record also supports the court...

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