Opinion
September 14, 1992
Appeal from the Supreme Court, Queens County (Groh, J.).
Ordered that the judgment and the amended judgments are reversed, on the law, a new trial is ordered with regard to Indictment No. 3418/88, and the matters are remitted to the Supreme Court, Queens County, for further proceedings with regard to the violation of probation charges under Indictment No. 4645/84 and Indictment No. 274/85. No questions of fact have been raised or considered.
Following the evidentiary hearing directed by this Court, the Supreme Court reported that the People failed to rebut the defendant's prima facie showing of racial discrimination. The People have not opposed this finding. After reviewing the transcript of the evidentiary hearing, we agree with the finding of the Supreme Court that the People failed to satisfy their burden of overcoming the presumption of discrimination found by this Court (see, Batson v Kentucky, 476 U.S. 79; People v Newman, 176 A.D.2d 968; People v Blunt, 176 A.D.2d 741). Since there must be a new trial, we need not reach the defendant's remaining contention.
In light of our determination, since the violation of probation convictions under Indictment Nos. 4645/84 and 274/85 were based on the defendant's judgment of conviction under Indictment No. 3418/88, reversal of the violation of probation convictions is also required (see, People v Bradford, 162 A.D.2d 457). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.