Holtzman v. Supreme Court

OPINION OF THE COURT

Peter P. Rosato, J.

Plaintiff Holtzman, in her official capacity as District Attorney of Kings County, seeks a judgment pursuant to CPLR 3001, (1) declaring that both the United States and New York State Constitutions prohibit defense counsel from exercising "race-based” peremptory challenges, i.e., using peremptory challenges to exclude prospective jurors on the basis of race, or for that matter, on the basis of sex, religion, or national origin; (2) declaring that the Judges and Justices named herein are not to grant peremptory challenges without making further inquiry…