Legal Opinion

People v. Bludson

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

Decided March 21, 2001PublishedCited by 2 opinions

1Opinion of the Court

Judgment affirmed. Memorandum: Supreme Court properly rejected defendant’s Batson claim. Defendant failed to present a prima facie case by establishing the existence of “facts and other relevant circumstances sufficient to raise an inference that the prosecution exercised its peremptory challenges to exclude potential jurors because of their race” (People v Childress, 81 NY2d 263, 266; see also, People v Cousin, 272 AD2d 477, 478, lv denied 95 NY2d 851), and thus the burden never shifted to the prosecutor to provide a race-neutral reason for the challenge (see, People v Childress, supra, at…

2Cases cited13 opinions

  1. People v. ChildressNew York Court of Appeals · 1993
  2. People v. VargasNew York Court of Appeals · 1996
  3. People v. ArcherAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. SmyersAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by2 opinions

  1. People v. ChambersAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. CherryAppellate Division of the Supreme Court of the State of New York · 2001

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