People v. Lawson

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID LAWSON, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 23, 1988

145 A.D.2d 991 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Supreme Court, Erie County, Fudeman, J.

Present — Doerr, J.P., Boomer, Green, Balio and Davis, JJ.

Judgment unanimously reversed on the law and new trial granted. Memorandum: On remittitur (see, People v Lawson, 136 A.D.2d 929, lv dismissed 70 N.Y.2d 1007), the hearing court's decision that the People failed to meet their burden of giving racially neutral reasons for the exclusion of blacks from the jury is amply supported by the record (see, Batson v Kentucky, 476 U.S. 79; cf., People v Gregory ZZ., 134 A.D.2d 814, 815-816, lv denied 71 N.Y.2d 905).