People v. Battle

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered August 10, 2000, convicting him of resisting arrest, upon a jury verdict, and imposing sentence. By decision and order of this Court dated November 12, 2002 (People v Battle, 299 AD2d 416 [2002]), the appeal was held in abeyance and the matter was remitted to the Supreme Court, Queens County, to hear and report on the prosecutor’s exercise of peremptory challenges. The Supreme Court, Queens County, has filed its report.

Ordered that the judgment is reversed, on the law, and a new trial is…