People v. Mitchell

— Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: Defendant was convicted after a nonjury trial of second degree assault, resisting arrest and disorderly conduct. Defendant contends that he involuntarily waived his right to a jury trial because the prosecutor impermissibly exercised a peremptory challenge to exclude the sole black juror (see, Batson v Kentucky, 476 US 79). Defendant established a prima facie case that the prosecutor exercised his peremptory challenge in a racially discriminating manner (see, People v Knight, 134…