Legal Opinion

People v. Blunt

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 1990PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

On this appeal, we are called upon to decide whether the prosecutor’s exercise of peremptory challenges, allegedly based on gender, may have violated the defendant’s rights under Batson v Kentucky (476 US 79) and People v Kern (75 NY2d 638). For the reasons that follow, we hold that a prima facie case of improper discrimination has been made.

After the first round of jury selection, the prosecutor exercised six peremptory challenges. Two of those peremptory challenges were exercised against black women, whom the prosecutor had previously unsuccessfully…

2Cases cited10 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Holland v. IllinoisSupreme Court of the United States · 1990
  3. People v. HernandezNew York Court of Appeals · 1990
  4. People v. KernNew York Court of Appeals · 1990
  5. People v. ScottNew York Court of Appeals · 1987

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3Cited by15 opinions

  1. Eiland v. StateCourt of Special Appeals of Maryland · 1992
  2. People v. DixonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. BluntAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. CampanellaAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. LannAppellate Court of Illinois · 1994

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