Legal Opinion · Dissent
People v. Guardino
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 2009Published
1DissentCatterson, J.
Because I believe that the defendant made a prima facie showing of discrimination pursuant to Batson v Kentucky (476 US 79 [1986]), I respectfully dissent.
On July 15, 2004, a grand jury issued a 54-count indictment against the defendant and eight codefendants. Allegedly, from September 2001 to the date of the indictment, the defendants and others, including members of the Genovese organized crime family, were part of a criminal enterprise, referred to as the “Local 8 Group.” The alleged purpose of the Local 8 Group was to make money by accepting bribes and extortion payments from roofing…
2Cases cited16 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Frontiero v. RichardsonSupreme Court of the United States · 1973
- Castaneda v. PartidaSupreme Court of the United States · 1977
- J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
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