Legal Opinion
People v. Allen
New York Court of Appeals
Decided July 6, 1995PublishedCited by 285 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Determining whether a party has exercised peremptory challenges to strike potential jurors for reasons that implicate equal protection concerns is described as a three-step process (Batson v Kentucky, 476 US 79, 96-98; Hernandez v New York, 500 US 352, 358, affg 75 NY2d 350). First, the defendant must allege sufficient facts to raise an inference that the prosecution has exercised peremptory challenges for discriminatory purposes. 1 Second, if the requisite showing has been made, the burden shifts to the prosecution to articulate a neutral explanation for…
2Cases cited12 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Purkett v. ElemSupreme Court of the United States · 1995
- JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
7 more not listed; retrieve them via the Exa API.
3Cited by285 opinions
- People v. PayneNew York Court of Appeals · 1996
- People v. HeckerNew York Court of Appeals · 2010
- Billy McKinney v. Christopher Artuz, Superintendent, Green Haven Corr. Fac.Court of Appeals for the Second Circuit · 2003
- People v. RichieAppellate Division of the Supreme Court of the State of New York · 1995
- Messiah v. DuncanCourt of Appeals for the Second Circuit · 2006
280 more not listed; retrieve them via the Exa API.