Legal Opinion
People v. Merritt
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1989PublishedCited by 2 opinions
1Opinion of the Court
Case held, decision reserved, and matter remitted to Monroe County Court for further proceedings, in accordance with the following memorandum: On this record, we conclude that defendant established a prima facie case that the prosecution discriminatorily used peremptory challenges to exclude blacks from the jury (see, Batson v Kentucky, 476 US 79; People v Scott, 70 NY2d 420).
Inasmuch as defendant has established a prima facie case of discrimination and the People have yet to proffer a neutral explanation for excluding at least two of the black jurors, this case should be held, decision…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. ScottNew York Court of Appeals · 1987
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reyes v. GreinerDistrict Court, E.D. New York · 2004
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1991