People v. Stevens

Judgment unanimously reversed on the law and new trial granted. Memorandum: Our court previously held this appeal in abeyance and remitted the matter to Erie County Court for a hearing on the propriety of the prosecutor’s exercise of peremptory challenges to exclude all prospective black jurors from the jury (People v Stevens, 145 AD2d 925). After a full hearing, County Court issued a written decision finding that the prosecutor had failed to provide racially neutral reasons for excluding all four black members of the 46-person venire, and had consciously attempted to exclude members of…