Opinion
May 15, 1989
Appeal from the Supreme Court, Kings County (Quinones, J.).
Ordered that the case is remitted to the Supreme Court, Kings County, to hear and report on the prosecutor's exercise of peremptory challenges and the appeal held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
We find merit to the defendant's contention that the prosecutor's use of peremptory challenges to strike either 12 or 13 of the 15 black members of the venire was sufficient to establish a prima facie case of racial discrimination in the selection of the petit jury (see, Batson v Kentucky, 476 U.S. 79; People v Hassell, 149 A.D.2d 530; People v Mims, 140 A.D.2d 929; People v Gregory ZZ., 134 A.D.2d 814). Under the circumstances, the court should have required the prosecutor to articulate his reasons for challenging the black venire persons rather than summarily denying the defendant's successive motions for a mistrial (see, People v Knight, 134 A.D.2d 845; People v James, 132 A.D.2d 932; People v Howard, 128 A.D.2d 804, appeal after remittitur 143 A.D.2d 943). Accordingly, the matter is remitted for an evidentiary hearing, during which time the appeal from the judgment of conviction will be held in abeyance. Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.