People v. Noone

—Appeal from judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered November 21, 2002, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of Axh years, held in abeyance, and the matter remanded for further proceedings on defendant’s application made pursuant to Batson v Kentucky (476 US 79 [1986]).

The court erred in its determination that defendant had failed to make out a prima facie case of racial discrimination in the prosecutor’s exercise of peremptory challenges. In this case against a white defendant, the…