People v. Lincoln

— Judgment unanimously reversed on the law and new trial granted. Memorandum: We previously held this appeal in abeyance and remitted the matter to Erie County Court for a hearing on the propriety of the prosecutor’s exercise of peremptory challenges to exclude prospective black jurors from the jury (see, People v Lincoln, 145 AD2d 924). County Court conducted the hearing and issued a written decision finding that the prosecutor had failed to come forward with racially neutral explanations for his exercise of those peremptory challenges and that the prosecutor had exercised those challenges…