Legal Opinion · Dissent

People v. Posner

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1996Published

1DissentFriedmann, J.

and votes to affirm the judgment appealed from with the following memorandum: In the matter at bar, the prosecutor charged that the attorney for the defendant, who was white, was engaging in a systematic pattern of peremptorily challenging non-white jurors on the basis of race (see, e.g., People v Stiff, 206 AD2d 235, lv denied 85 NY2d 867, cert denied — US —, 116 S Ct 107). The court demanded that defense counsel give race-neutral reasons for his challenges. In subsequent colloquy, the court accepted some of the reasons proffered by defense counsel, but overrode two others. Of these, the…

2Cases cited13 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. People v. HernandezNew York Court of Appeals · 1990
  4. People v. RichieAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. JupiterAppellate Division of the Supreme Court of the State of New York · 1994

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