People v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*282OPINION OF THE COURT
Lawton, J.
Presented as an issue of first impression is the question whether a defendant who timely objects to the allegedly discriminatory use of peremptory challenges by the prosecutor (see, Batson v Kentucky, 476 US 79) foregoes his right to raise this issue on appeal after he enters a plea of guilty. We hold that he does.
After the conclusion of jury selection, defense counsel advised the court that defendant desired to accept the plea offered by the People. Before the plea allocution, however, defense counsel moved for a mistrial based on the prosecutor’s allegedly…
2Cases cited21 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Boykin v. AlabamaSupreme Court of the United States · 1969
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Pointer v. TexasSupreme Court of the United States · 1965
- Duncan v. LouisianaSupreme Court of the United States · 1968
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3Cited by11 opinions
- People v. GreenNew York Court of Appeals · 1990
- Osborn v. StateWyoming Supreme Court · 1991
- People v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DehmlerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ReibleinAppellate Division of the Supreme Court of the State of New York · 1994
6 more not listed; retrieve them via the Exa API.