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People v. Mitchell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 967 (N.Y. App. Div. 1988)

Summary

In Mitchell we held that defendant's waiver of a jury trial was not voluntary, but rather was compelled by defendant's belief that he could not receive a fair trial from the all white jury which resulted from the prosecutor's purposeful discrimination in exercising a peremptory challenge to exclude the sole black juror.

Summary of this case from People v. Green

Opinion

December 23, 1988

Appeal from the Onondaga County Court, Auser, J.

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.


Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: Defendant was convicted after a nonjury trial of second degree assault, resisting arrest and disorderly conduct. Defendant contends that he involuntarily waived his right to a jury trial because the prosecutor impermissibly exercised a peremptory challenge to exclude the sole black juror (see, Batson v Kentucky, 476 U.S. 79). Defendant established a prima facie case that the prosecutor exercised his peremptory challenge in a racially discriminating manner (see, People v Knight, 134 A.D.2d 845) and the prosecutor failed to proffer a satisfactory impartial explanation for his peremptory challenge. Defendant's waiver of a jury trial was not voluntary since the record reveals that the waiver was coerced by defendant's belief that he could not be fairly tried by an all-white jury.

Because a new trial is required, we do not address the remaining issues raised by defendant.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 967 (N.Y. App. Div. 1988)

In Mitchell we held that defendant's waiver of a jury trial was not voluntary, but rather was compelled by defendant's belief that he could not receive a fair trial from the all white jury which resulted from the prosecutor's purposeful discrimination in exercising a peremptory challenge to exclude the sole black juror.

Summary of this case from People v. Green
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN L. MITCHELL…

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

Date published: Dec 23, 1988

Citations

145 A.D.2d 967 (N.Y. App. Div. 1988)

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