Legal Opinion

People v. Acevedo

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

Decided July 14, 2016No. 106644Published

1Concurring in part, dissenting in partMcCarthy, J.

“The Constitution forbids striking even a single prospective juror for a discriminatory purpose” (Snyder v Louisiana, 552 US 472, 478 [2008] [internal quotation marks, brackets and citations omitted]; accord Foster v Chatman, 578 US —, —, 136 S Ct 1737, 1747 [2016]). Once a Batson challenge is made, a trial court must engage in a three-step process, the steps of which are well-established by clear case law stretching back more than 30 years (see Foster v Chatman, 578 US at —, 136 S Ct at 1747; Batson v Kentucky, 476 US 79, 97-98 [1986]). The third step of this inquiry is the “key, final…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. Snyder v. LouisianaSupreme Court of the United States · 2008
  4. Foster v. ChatmanSupreme Court of the United States · 2016
  5. People v. PayneNew York Court of Appeals · 1996

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