Legal Opinion

People v. Gary M.

New York Supreme Court

Decided March 10, 1988PublishedCited by 19 opinions

1Opinion of the Court

*1082OPINION OF THE COURT

Herbert Kramer, J.

Can a minority defendant use his peremptory challenges to discriminate against majority jurors?2 Put another way, does Batson v Kentucky (476 US 79) apply to defendants? Other important issues necessary for determination are: (1) whether the government is entitled to a trial by jury composed of a fair cross section of the community; (2) whether defendant’s exercise of peremptory challenges constitutes "State action”; (3) whether white potential jurors constitute "cognizable” groups; and (4) whether the People have standing to object to discrimination…

2Cases cited87 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Polk County v. DodsonSupreme Court of the United States · 1981
  5. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982

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3Cited by19 opinions

  1. People v. KernNew York Court of Appeals · 1990
  2. Gilchrist v. StateCourt of Appeals of Maryland · 1995
  3. People v. KernAppellate Division of the Supreme Court of the State of New York · 1989
  4. Thaddeus Donald Edmonson v. Leesville Concrete Company, Inc.Court of Appeals for the Fifth Circuit · 1989
  5. New York County Lawyers' Ass'n v. StateAppellate Division of the Supreme Court of the State of New York · 2002

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