People v. Luciano

OPINION OF THE COURT

Malone, J.

In this case of apparent first impression, we are asked to determine, in a situation where the use of peremptory challenges is found to be discriminatory, known as a Batson or reverse-Batson violation (Batson v Kentucky, 476 US 79 [1986]), whether forfeiture of the peremptory challenges used to unsuccessfully strike the prospective jurors is an appropriate remedy. In the absence of any present appellate or statutory authority, we cannot endorse the forfeiture of improperly used peremptory strikes as a penalty for a Batson or revevse-Batson violation. Accordingly,…