Legal Opinion

People v. McCray

New York Court of Appeals

Decided December 14, 1982PublishedCited by 68 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

CPL 270.25 states that: “A peremptory challenge is an objection to a prospective juror for which no reason need be assigned. Upon any peremptory challenge, the court must exclude the person challenged from service.” This right to peremptory challenges has been exercised by prosecutors and defendants in this State pursuant to the same or similar statute for over 100 years (see Walter v People, 32 NY 147). In Swain v Alabama (380 US 202), the Supreme Court determined that a prosecutor is not required to disclose his reasons for excusing prospective jurors in a…

2Cases cited8 opinions

  1. Swain v. AlabamaSupreme Court of the United States · 1965
  2. Taylor v. LouisianaSupreme Court of the United States · 1975
  3. Lewis v. United StatesSupreme Court of the United States · 1892
  4. Holland v. EdwardsNew York Court of Appeals · 1954
  5. Dorsey v. Stuyvesant Town Corp.New York Court of Appeals · 1949

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3Cited by68 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. WilliamsIllinois Supreme Court · 1983
  3. People v. KernNew York Court of Appeals · 1990
  4. Michael McCray v. Robert AbramsCourt of Appeals for the Second Circuit · 1984
  5. McCray v. New YorkSupreme Court of the United States · 1983

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