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Legal Opinion

People v. Smith

New York Court of Appeals

Decided March 30, 1993PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant failed to meet her burden of showing a purposeful discrimination by the prosecution in the exercise of two of its peremptory challenges (see, Batson v Kentucky, 476 US 79; People v Jenkins, 75 NY2d 550; People v Bolling, 79 NY2d 317). To give the trial court a basis to evaluate the claim, a party asserting a claim under Batson should articulate and develop all of the grounds supporting the claim, factual and legal, during the colloquy in which the objection is discussed (People v Childress, 81 NY2d…

2Cases cited4 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. ChildressNew York Court of Appeals · 1993
  3. People v. BollingNew York Court of Appeals · 1992
  4. People v. JenkinsNew York Court of Appeals · 1990

3Cited by45 opinions

  1. People v. BridgeforthNew York Court of Appeals · 2016
  2. People v. SheppardAppellate Division of the Supreme Court of the State of New York · 2000
  3. Gray v. BradyCourt of Appeals for the First Circuit · 2010
  4. People v. StiffAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. BellAppellate Division of the Supreme Court of the State of New York · 2015

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