People v. Hayes

*612In explaining his reasons for peremptorily challenging a particular juror, the defense counsel made reference to what he apparently saw to be a pattern of racial discrimination in the prosecution’s use of its peremptory challenges. The record therefore indicates that the defense counsel’s challenge to the juror in question was a response to what he believed to be racially-motivated challenges by the prosecution, and the Supreme Court properly denied the challenge (see, People v Chambers, 80 NY2d 519, 530; People v Mondello, 191 AD2d 462, 463).

The Supreme Court erred in setting aside the…