People v. Ortega

OPINION OF THE COURT

Daniel P. Conviser, J.

On March 29, 2013, the defendant was convicted after a jury trial presided over by this court of one count of rape in the first degree, one count of sexual abuse in the first degree and one count of rape in the third degree. He moves here to vacate that judgment pursuant to CPL 440.10 (1) (h) asserting that the court did not conduct a proper inquiry pursuant to Batson v Kentucky (476 US 79 [1986]) when defense counsel raised an objection to the “prosecutor’s exclusion of dark-complexioned male jurors.”1 Defendant’s argument is based on the recent…