People v. Sprague

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of sodomy in the first degree (Penal Law § 130.50 [3]), and one count each of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (Penal Law § 260.10 [1]). We previously held the case, reserved decision and remitted the matter to Supreme Court to set forth the basis for sustaining the People’s Batson challenge to defendant’s exercise of a peremptory strike with respect to a black prospective…