People v. Simpson

OPINION OF THE COURT

Fein, J.

After conviction of criminal possession of a weapon in the third degree, defendant’s motion to set aside the jury verdict because of ineffective assistance of counsel at trial was granted. Defendant’s motion to set aside the verdict because the alleged prosecutorial use of peremptory challenges to exclude blacks from the jury denied him a fair trial was denied. The People’s appeal challenges the order on ineffectiveness of counsel, and in responding, defendant raises again the peremptory challenge issue.

Defendant and two companions were walking home at an early…