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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 827 (N.Y. App. Div. 1995)

Opinion

January 30, 1995

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We find that the trial court erroneously rejected the defendant's peremptory challenge of a prospective juror despite defense counsel's articulation of nonpretextual, racially-neutral reasons for his challenge. Challenges by the defendant based on jurors' "crime-victimization status" are not pretextual on their face, and they should not be regarded as pretextual in the absence of evidence that they are being applied in a discriminatory manner (see, People v. Dixon, 202 A.D.2d 12; People v. Taylor, 208 A.D.2d 967). In this case, the record does not support a finding that the defendant was using challenges based on victimization status in a discriminatory manner. Consequently, his peremptory challenge should not have been rejected.

For the foregoing reasons, the defendant was deprived of his right to a jury of his choice, and a new trial is required.

We have examined the defendant's remaining contention and find it to be without merit. Rosenblatt, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 827 (N.Y. App. Div. 1995)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR LOPEZ, Appellant

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

Date published: Jan 30, 1995

Citations

211 A.D.2d 827 (N.Y. App. Div. 1995)
621 N.Y.S.2d 916

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