Legal Opinion

People v. Dixon

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

Decided August 15, 1994PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J. P.

In a criminal case, neither the prosecutor nor the attorney for the defendant may, through the exercise of peremptory challenges, seek to exclude the members of a "cognizable group” from the jury which is ultimately to be selected and which is ultimately to decide the defendant’s fate (see, Batson v Kentucky, 476 US 79; Georgia v McCollum, 505 US —, 112 S Ct 2348; People v Kern, 75 NY2d 638). Women comprise a cognizable group for purposes of applying the Batson rule (see, J E. B. v T. B., 511 US —, 114 S Ct 1419; see also, People v Irizarry, 165 AD2d 715;…

2Cases cited30 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
  5. Georgia v. McCollumSupreme Court of the United States · 1992

25 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. People v. RichieAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. JupiterAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. StiffAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. BhupsinghAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2000

29 more not listed; retrieve them via the Exa API.

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