People v. Stevens

— Case held, decision reserved, and matter remitted to Erie County Court for further proceedings in accordance with the following memorandum: On appeal from a conviction of robbery, defendant contends, inter alla, that he was denied his constitutional right to a fair trial due to . the prosecutor’s use of peremptory challenges to exclude all blacks from the jury (see, Batson v Kentucky, 476 US 79). This issue was timely raised by defendant’s attorney during the voir dire process. In addition, a motion for mistrial was made after the jury was impaneled. In summarily denying the motion, the…