Legal Opinion

People v. Garcia

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

Decided December 29, 1995PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Hart, J.

The issue to be decided on this appeal is whether black females are protected from being peremptorily challenged on a discriminatory basis under Batson v Kentucky (476 US 79) and People v Allen (86 NY2d 101). We conclude that they are.

The defendant was charged with attempted murder in the second degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, reckless endangerment in the first degree, and endangering the welfare of a child. The incident arose out of an altercation…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
  4. People v. AllenNew York Court of Appeals · 1995
  5. People v. KernNew York Court of Appeals · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Ross v. StateCourt of Appeals of Mississippi · 2009
  2. Commonwealth v. JordanMassachusetts Supreme Judicial Court · 2003
  3. Robinson v. United StatesDistrict of Columbia Court of Appeals · 2005
  4. State v. DanielsHawaii Supreme Court · 2005
  5. People v. Robert G.Appellate Division of the Supreme Court of the State of New York · 1997

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API