Legal Opinion
People v. Mims
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1989PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant appeals from a judgment of conviction of assault in the second degree and criminal possession of a weapon in the fourth degree. This is a resubmission of a prior appeal (People v Mims, 140 AD2d 929) in which we remitted the matter for a Batson reconstruction hearing (Batson v Kentucky, 476 US 79). We held that "defendant set forth facts sufficient for a prima facie showing that peremptory challenges were exercised in a racially discriminatory manner, thereby shifting the burden to the prosecutor to provide…
2Cases cited5 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. MimsAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1988
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
- People v. BozellaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DoveAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SandyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2018
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