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People v. Lopez
211 A.D.2d 827
| N.Y. App. Div. | 1995
|
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 6, 1993, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We find that the trial court erroneously rejected the defendant’s peremptory challenge of a prospective juror despite defense counsel’s articulation of nonpretextual, racially-neutral reasons for his challenge. Challenges by the defendant based on jurors’ "crime-victimization status” are not pretextual on their face, and they should not be regarded as pretextual in the absence of evidence that they are being applied in a discriminatory manner (see, People v Dixon, 202 AD2d 12; People v Taylor, 208 AD2d 967). In this case, the record does not support a finding that the defendant was using challenges based on victimization status in a discriminatory manner. Consequently, his peremptory challenge should not have been rejected.

For the foregoing reasons, the defendant was deprived of his right to a jury of his choice, and a new trial is required.

We have examined the defendant’s remaining contention and find it to be without merit. Rosenblatt, J. P., Altman, Friedmann and Florio, JJ., concur.

Case Details

Case Name: People v. Lopez
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 30, 1995
Citation: 211 A.D.2d 827
Court Abbreviation: N.Y. App. Div.
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