Summary
In People v. Vega (198 A.D.2d 56, lv denied 82 N.Y.2d 932), the People "established a prima facie case of * * * purposeful racial discrimination in the use of peremptory challenges when they established that the defense used seven of its eight challenges to exclude all but one of the White persons on the panel of sixteen."
Summary of this case from People v. BrownOpinion
November 9, 1993
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
The People established a prima facie case of purposeful racial discrimination in the use of peremptory challenges when they established that the defense used 7 of its 8 challenges to exclude all but one of the white persons on the panel of 16 (People v Kern, 75 N.Y.2d 638, cert denied 498 U.S. 824). Thereafter, defendant failed to give a legitimate, race-neutral reason for his challenge to a white male juror (People v Jenkins, 75 N.Y.2d 550, 556), where the two criteria he claimed were the basis for his challenge, were not raised as an objection against the seating of the Hispanic female juror he found acceptable.
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Kassal, JJ.