People v. Stiff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
COPERTINO, J.
The issue to be decided on this appeal is whether the holding of Batson v Kentucky (476 US 79) and, more importantly, the rules of law which have evolved since Batson, preclude a criminal defendant from using his peremptory challenges to exclude potential jurors because they do not belong to a particular racial group. We conclude that such a practice is improper, and therefore affirm the judgment appealed from.
I
The defendant, who is black, was indicted for criminal possession of a weapon in the third degree and menacing based on an incident occurring on…
2Cases cited24 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Powers v. OhioSupreme Court of the United States · 1991
- Castaneda v. PartidaSupreme Court of the United States · 1977
- Strauder v. West VirginiaSupreme Court of the United States · 1880
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3Cited by20 opinions
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- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1994
- Ezell v. StateCourt of Criminal Appeals of Oklahoma · 1995
- People v. DalhouseAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RussoAppellate Division of the Supreme Court of the State of New York · 1997
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