People v. Fogle

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered February 13, 1997, convicting him of murder in the second degree and criminal possession of a *504weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The racially-motivated use of peremptory challenges violates the Equal Protection Clause of both the State and Federal Constitutions whether they are made by the defense or the prosecution (see, Hernandez v New York, 500 US 352; Batson v Kentucky, 476 US 79; People v Kern, 75 NY2d 638). Here,…