Legal Opinion

People v. Jenkins

New York Court of Appeals

Decided December 22, 1994PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant in this case did not present a prima facie showing of discrimination at any of the three times he raised a Batson objection. To establish a prima facie case of discrimination in the selection of jurors under Batson v Kentucky (476 US 79), the defendant asserting the claim of unlawful discrimination must show "that the prosecution exercised its peremptory challenges to remove one or more members of a cognizable racial group from the venire and that there exist facts and other relevant circumstances…

2Cases cited3 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. ChildressNew York Court of Appeals · 1993
  3. People v. BollingNew York Court of Appeals · 1992

3Cited by55 opinions

  1. People v. BrownNew York Court of Appeals · 2002
  2. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. AnthonyAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. HendersonAppellate Division of the Supreme Court of the State of New York · 2003
  5. Rosario v. ErcoleDistrict Court, S.D. New York · 2008

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