Legal Opinion

People v. James

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

Decided March 4, 1988PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Upon remittitur for a Batson hearing (Batson v Kentucky, 476 US 79), the hearing court found that the prosecutor’s explanations for peremptory challenges of a black venireman were credible, acceptable and unrelated in any way to the racial characteristics of the prospective jurors. *972The record supports that determination. We note only that the burden of going forward shifted to the People upon defendant’s prima facie showing, but that the ultimate burden of proving purposeful discrimination remained on defendant (Batson v Kentucky, supra, at 97).…

2Cases cited1 opinion

  1. Batson v. KentuckySupreme Court of the United States · 1986

3Cited by2 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1991

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