People v. James

Case held, decision reserved, and matter remitted to Erie County Court for further proceedings, in accordance with the following memorandum: Defendant appeals from a judgment convicting him of burglary in the third degree and attempted petit larceny. He argues that the appeal should be stayed and the case remitted to the trial court for a hearing to determine whether the prosecutor used peremptory challenges to exclude black persons from the jury, in violation of his equal protection rights. We agree. A prosecutor may not use peremptory challenges to exclude black persons from a jury solely…