Legal Opinion
People v. Lincoln
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1988PublishedCited by 5 opinions
1Opinion of the Court
— Case held, decision reserved, and matter remitted to Erie County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting defendant of burglary in the second degree and possession of burglary tools, defendant, a black male, claims that the prosecutor impermissibly used peremptory challenges to exclude prospective black jurors (see, People v Scott, 70 NY2d 420; Batson v Kentucky, 476 US 79). As voir dire was not transcribed, the record is insufficient to assess defendant’s claim. Defendant raised objection before the trial court, noting…
2Cases cited5 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. ScottNew York Court of Appeals · 1987
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PenderAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- People v. DoveAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LincolnAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MerrittAppellate Division of the Supreme Court of the State of New York · 1989
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 1988